B ESWARAN Vs. DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI AND COMMISSIONER, MADURAI CORPORATION, ANNA MALIGAI, MADURAI

JUDGEMENT

(1.) The petitioners in these writ petitions are all licensees maintaining public toilets located in various parts in the Integrated Mattuthavani Bus Stand at Madurai. The petitioners were issued with renewal licenses for a period of one year from 01.04.2011 to 31.03.2012. Being the highest bidders in the earlier year for which licences were granted, their licenses were renewed with a 5% increase in the amounts quoted for a period of one year for the year 2011-2012 subject to the usual conditions of licence.

(2.) The conditions of licence itself indicated that it was only a renewal fee and not a lease amount and that all auction conditions imposed for the year 2011-2012 will continue to operate in respect of the renewal also. The conditions of auction was published by the municipal Corporation in respect of its public toilets that the user public must be charged Rs. 1.50 for using the latrines, for using the bath rooms Rs. 3/- and for the urinals Rs. 1/-. The licenses should maintain the toilets at their own expense in a clean condition.

(3.) Auction Condition 11 contemplates that they should have printed receipts containing signature of the licensees or his agent and they must only collect the fee specified therein. They also must maintain proper accounts for the collection which are to be shown at the time of demand. Further, in the receipts running numbers will have to be printed from the date of the licence and till the end of the licence period. They must obtain the seal of the Corporation in the receipts.