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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.SATHYA NARAYANA PRASAD, J
C. Anandhi – Appellant
Versus
Commissioner of Municipal Administration – Respondent
ORDER :
J.Sathya Narayana Prasad, J.
The present writ petition has been filed challenging the impugned auction proceedings dated 08.02.2021 of the respondents 2 and 3 and consequential direction to the respondents 2 and 3 to return back the security deposit of Rs.6,17,354/- and allow the petitioner to collect the Daily License Fee for the period from 01.04.2021 to 31.03.2022.
2. It is the case of the petitioner that her husband late N.Chandrasekhar had participated in Tender-cum-Open Auction for the right to collect Daily License Fee for the roadside shops in the limit of Sasnkarapuram panchayat, which was conducted by the 3rd respondent for the period from 2018-19 to 2020-21. Her husband was declared as a successful bidder and paid a sum of Rs.6,15,000/- inclusive of Earnest Money Deposit of Rs.2,00,000/- together with the requisite G.S.T.,Charges of Rs.1,20,300/- for the period 2018-19 with the 3rd respondent herein.
3. It is the further case of the petitioner that the successful bidder has to pay a security deposit ( lease charges) every year in advance and thereafter to collect the Daily Licence Fee. Accordingly, her husband had exercised his right of collection of daily licence fe
The court recognized that pandemic restrictions constitute force majeure, relieving the petitioner from paying license fees during lockdown and entitling her to seek the return of the security deposi....
The COVID-19 pandemic constituted a force majeure event, and the lockdown was not attributable to the fault of the allottees. Therefore, the DTIDC, being a public corporation, was directed to adopt a....
Court has not expressed any opinion on merit with regard to grievance raised in the petitions. It is independently open for the authority to take appropriate decision in accordance with law on the ba....
Municipalities must conduct timely public auctions upon the expiry of licenses granted for specified periods.
In case the site is required by the Licensor for its own or public purposes, the Licencee shall have to hand over the vacant possession of the site at once.
In case the site is required by the Licensor for its own or public purposes, the Licencee shall have to hand over the vacant possession of the site at once.
Demand for license fee before business commencement violates natural justice principles and must be based on factual correctness.
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