K.Saravanan v. The Commissioner Of Municipal Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2025 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.755 of 2025 and WMP Nos.919, 920 & 921 of 2024 1.K.Saravanan 2.P.theeththu 3.K.Thilagam 4.C.Anandhan 5.V.Prabhu 6.P.Sathik basha 7.M.Abdul Kaium 8.Mr.G.Raguraman 9.G.Amutha 10.V.Venkatesan 11.R.Karunanithi 12.P.nagaraj 13.A.Stalin 14.D.Archana 15.N.Santhosh 16.K.Sarveshkumar 17.G.Gopikannan 1 / 7
18.P.Thamilarasan 19.M.Shanmugam 20.M.Santhi 21.S.Yaraf 22.A.Rathinam 23.E.Kanjana 24.T.Saravanan 25.C.Ramachandra 26.S.Srinivasan .... Petitioners -Vs1.The Commissioner of Municipal Administration Department of Municipal Administration Ezhilagam, Chepauk, Chennai 600 052.
2.The Director of Town Panchayat Kuralagam, Chennai-28.
3.The Assistant Director of Town Panchayats Dharmapuri Division, Dharmapuri District.
4.The Executive Office Harur Town Panchayat Harur Post and Taluk Dharmapuri District 636903.
... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certioratified Mandamus, to call for records relating to 2 / 7
the impugned tender notification dated 02.01.2025 Na.a.No.1027/2024/A2 issued by the 4th respondent and to quash the same and consequently directing the respondents to give preferential allotment of shops to petitioners without conduction public auction by fixing fair rent as fixed by the government and deposits.
For Petitioners : Mr.P.Muthusamy For Respondents : Mr.S.Rajesh Government Advocate for R1 to R3 Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R4
O R D E R
The petitioners,Shop holders were having commercial shops in the bus stand area of Harur Town Panchayat. It had been stated that the allotment was made to them in the year 2017. The learned counsel for the petitioners stated that they were running petty shops, barber shop, tea shop and petty beeda shops. 2.It had been stated that they had been asked to vacate the premises since the bus stand was to be demolished and reconstructed. Now the bus stand had been demolished and reconstructed. Shops have been built in the said bus stand. The learned counsel for the petitioners claims that the petitioners have a right to 3 / 7
be allotted to the shops once again. But unfortunately that is not the position of law. When they were initially allotted shops, in the year 2017, in the allotment order which is enclosed along with the documents, one of the condition is that if the bus stand is to be reconstructed then the petitioners will have to vacate without raising any objections and must hand over possession to the Harur Municipality. The petitioners had therefore vacated and handed over their possession. When they vacated and handed over possession, the terms of assignment had lapsed and stood frustrated. There was no longer any juridical relationship between the petitioners and the respondents. The respondents have now taken a decision to auction the shops. The petitioners may also participate in the auction and abide by the terms and conditions of the auction notice. The respondents must give an opportunity to the petitioners to match the particular highest bid. If the petitioners come forward to pay that highest bid, then they could be allotted the shops.
3.There is yet another issue relating the deposit amount paid at the time of initial allotment in the year 2017. The learned counsel states that the said amount could be adjusted with deposit amount now demanded by the respondents. Adjustment cannot be possible but the petitioners are at liberty to 4 / 7
forward a separate representation seeking refund of the earlier secured deposit earlier paid and the respondents may take a considered decision on such representation if at all such representation is given. 4.Placing an obligation on the petitioners to take a decision to participate in auction if they so desire, but holding that they have no right to be allotted without participating in the auction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 10.01.2025 Index : Yes/No NCS : Yes/No KP To 1.The Commissioner of Municipal Administration Department of Municipal Administration Ezhilagam, Chepauk, Chennai 600 052.
2.The Director of Town Panchayat Kuralagam, Chennai-28.
3.The Assistant Director of Town Panchayats Dharmapuri Division, Dharmapuri District 4.The Executive Office Harur Town Panchayat Harur Post and Taluk, Dharmapuri District 636903.
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C.V.KARTHIKEYAN.,J KP Writ Petition No.755 of 2025 6 / 7
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