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2026 Supreme(Online)(Mad) 28374

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Hemant Chandangoudar, J
Senthil Kumar – Appellant
Versus
The Commissioner – Respondent
WP(MD). No.20749 of 2022 | WMP(MD)No.15062 of 2022



Advocates:
For the Appellants/Petitioners: G. Aravinthan
For the Respondents: K. Saravanan

A prayer for the renewal of a lease becomes infructuous if the subject property has been demolished and reconstructed, although the party may be permitted to participate in new allotment proceedings.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus for the renewal of a lease for a bakery shop in a municipal bus stand, citing guidelines under G.O.No.92 Municipal Administration and Drinking Water Supply (N.N.4) Department, dated 03.07.2007. The court found that the shops in question had been demolished and new constructions had been put up. The primary issue was whether the prayer for lease renewal could be granted given the current state of the property. The court reasoned that since the original shops were demolished, the prayer for renewal of the lease did not survive. this writ petition is dismissed.

Table of Content
1. the petitioner's request for lease renewal is countered by the fact that the property has been demolished. (Para 1 , 2 , 3)
2. the petition is dismissed as the prayer no longer survives due to the demolition of the shops. (Para 4 , 5)

PRAYER :-

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the respondent to renew the lease to the petitioner upon such usual terms and conditions, in respect of the Shop namely New King Master Bakery to an extent of about 18.9 x 9.5 Sq Ft and stiuate on the Western Bus Bay and on the North of the Municipal Maintenance Room, in the New Bus Stand, Ramanathapuram, and allotted to the petitioner as per proceedings in Na.Ka.No. 1790/2019/A1 of the respondent municipality dated 31.07.2019, in terms of the guidelines issued under G.O.No.92 Municipal Administration and Drinking Water Supply (N.N.4) Department, dated 03.07.2007, by considering the representation of the petitioner dated 20.08.2022 and within a time frame as may be fixed by this Court.

ORDER

The petitioner seeks for a direction to the respondent to renew the lease in favour of the petitioner in respect of the shop namely, New New King Master Bakery to an extent of about 18.9 x 9.5 sq. ft. and stiuate on the Western Bus Bay and on the North of the Municipal Maintenance Room, in the New Bus Stand, Ramanathapuram.

2. The learned counsel for the respondent submitted that shops have been demolished and new constructions have been put up.

3. The said submission is taken on record.

4.In the light of the above, the prayer made in this writ petition does not surive. The petitioner is at liberty to approach the first respondent to participate in the auction proceedings for allotment of shops.

5. Granting such liberty, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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