W.P(MD)No.9615 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED :04.06.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

W.P(MD)No.9615 of 2021

Prem Balaji

... Petitioner

Vs.

1.The District Collector,

Tuticorin District,

Tuticorin.

2.The Assistant Director of Town Panchayat,

Tirunelveli Region,

Tirunelveli.

3.The Executive Officer,

Eral Selection Grade Town Panchayat,

Tuticorin District.

... Respondents

PRAYER:

Petition filed under Article 226 of the Constitution of

India, praying for the issuance of a Writ of Mandamus, directing the

third respondent herein to waive the payment of Lease amout for the

lockdown period from 16.03.2020 to 30.09.2020 in respect of lease of

collection entry fee in weekly Shandy situated at the third

respondent Town Panchayat and refund the waiver amount to the

petitioner within the time stipulated by this Court by considering

the petitioner's representation dated 28.04.2021 and for other

reliefs.

For Petitioner

: Mr.J.Lawrance

For Respondents : Mr.P.Thillak Kumar,

Standing Counsel for Government

O R D E R

Mr.P.Thilak Kumar, learned Standing Counsel for the Government,

accepts notice on behalf of the respondents.

2. By consent, the Writ Petition is taken up for final disposal

at the admission stage itself.

3. This writ petition has been filed by the petitioner seeking

for issuance of a Writ of Mandamus, directing the third respondent

herein to waive the payment of Lease amout for the lockdown period

from 16.03.2020 to 30.09.2020 in respect of lease of collection

entry fee in weekly Shandy situated at the third respondent Town

Panchayat and refund the waiver amount to the petitioner, within the

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W.P(MD)No.9615 of 2021

time stipulated by this Court, by considering the petitioner's

representation dated 28.04.2021 and for other reliefs.

4. The case of the petitioner is that he is a registered

contractor of the third respondent Town Panchayat and he is doing

business, collecting entry fee from the shops, stalls, weekly

shandies and others, in Eral Town Panchayat, with a valid licence.

He has been regularly paying licence fee to the respective local

bodies. In respect of granting licence to collect entry fee at Eral

Town Panchayat for the year 2019-2020, a notification was issued by

the third respondent, pursuant to which, an auction was conducted on

25.02.2019, in which, he was declared as the highest bidder, which

was confirmed by the third respondent vide proceedings dated

25.03.2019 in Na.Ka.No.17/2019 and he has paid a sum of

Rs.19,01,100/- as licence fee for the period from 01.04.2019 to

31.03.2020 and also paid the deposit amount. Furthermore, the lease

is renewable for further period of two years and the annual

enhancement of the licence fee is 5% of the existing licence fee.

Therefore, he was permitted to continue his business during 2020 –

2021 having paid a sum of Rs.20,55,932/-. During covid-19 pandemic

lockdown period from 24.03.2020 to 30.09.2020, he was not in a

position to collect entry fees, due to which he suffered loss in his

business. Therefore, he made a representation to the third

respondent to extend the lease period for further period of seven

months on 21.01.2021, but the third respondent has not considered

his representation and hence, he has sent another representation to

the respondents 1 and 2 in this regard on 03.02.2021. In the said

circumstances, the third respondent vide proceedings dated

26.03.2021, in Na.Ka.No.156/2020/A1, instructed him to renew the

lease period for further period of one year 2021-2022 paying a sum

of Rs.18,26,054/-. But, due to loss in the lockdown period, he has

not chosen