Madras High CourtWP/3673/2023dismissed as infructuous

Peter Lurudusamy Selvam v. The Krishnagiri Municipality

2023-03-21Honourable Mr Justice Rmt. Teekaa Raman14 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN W.P.Nos.3673, 3678, 3682, 3683, 6891 & 6894 of 2023 and W.M.P.Nos.3756, 3758, 3763, 3765, 3767, 3768, 3769, 3770, 3771, 3773, 6982, 6984, 6986, 6990, 6991 & 6992 of 2023 W.P.No.3673 of 2023 Peter Lurudusamy Selvam S/o.Selvam Door No.3/336, 2nd Cross Periyar Nagar Krishnagiri Tamil Nadu 635 001 ... Petitioner Vs.

1.The Krishnagiri Municipality Rep. by its Municipal Commissioner Office of the Commissioner 2.A.Sundarammal Municipal Commissioner 3.Lucas Revenue Commissioner ... Respondents 1/14

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records pertaining to the impugned tender notice in Na.Ka.No.2200/2021/A2 dated 23.01.2023 issued by the 1st Respondent, published in Dhinamani newspaper dated 28.01.2023 and quash the same.

W.P.No.3678 of 2023 Khalif Ulla Sheriff S/o.Ubedulla Sheriff Door No.1/29, Wahab Nagar Krishnagiri Tamil Nadu 635 001 ... Petitioner Vs.

1.The Krishnagiri Municipality Rep. by its Municipal Commissioner Office of the Commissioner Tamil Nadu 635 001 2.A.Sundarammal Municipal Commissioner Tamil Nadu 635 001 3.Lucas Revenue Commissioner Tamil Nadu 635 001 ... Respondents 2/14

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records pertaining to the impugned order notice in Na.Ka.No.2200/2021/A2 dated 23.01.2023 issued by the 1st Respondent, published in Dhinamani newspaper dated 28.01.2023 and quash the same.

W.P.No.3682 of 2023 Peter Lurudusamy Selvam S/o.Selvam Door No.3/336, 2nd Cross Periyar Nagar Krishnagiri Tamil Nadu 635 001 ... Petitioner Vs.

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.2981/2021/A2 dated 24.01.2023 issued by the 1st Respondent and quash the same and consequently direct the 1st Respondent to issue work orders and allot place of collections in accordance with the allotment order dated 10.10.2022 in Ref. No.1200/2022/A2 issued in favour of the Petitioner for the work "Collection of duty in daily market". W.P.No.3683 of 2023 Khalif Ulla Sheriff S/o.Ubedulla Sheriff Door No.1/29, Wahab Nagar Krishnagiri Tamil Nadu 635 001 ... Petitioner Vs.

1.The Krishnagiri Municipality Rep. by its Municipal Commissioner Office of the Commissioner Tamil Nadu 635 001 2.A.Sundarammal Municipal Commissioner Tamil Nadu 635 001 4/14

3.Lucas Revenue Commissioner Tamil Nadu 635 001 ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records pertaining to the impugned order in Na.Ka.No.2981/2021/A2 dated 24.01.2023 issued by the 1st Respondent and quash the same.

W.P.No.6891 of 2023 Peter Lurudusamy Selvam S/o.Selvam Door No.3/336, 2nd Cross Periyar Nagar Krishnagiri Tamil Nadu 635 001 ... Petitioner Vs.

1.The Krishnagiri Municipality Rep. by its Commissioner Office of the Commissioner Tamil Nadu 635 001 2.A.Sundarammal Commissioner Tamil Nadu 635 001 5/14

3.Lucas Revenue Commissioner Tamil Nadu 635 001 ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned notice in Na.Ka.No.542/2023/A2 dated 23.02.2023 issued by the 1st Respondent and quash the same.

W.P.No.6894 of 2023 Khalif Ulla Sheriff S/o.Ubedulla Sheriff Door No.1/29, Wahab Nagar Krishnagiri Tamil Nadu 635 001 ... Petitioner Vs.

1.The Krishnagiri Municipality Rep. by its Municipal Commissioner Office of the Commissioner Tamil Nadu 635 001 2.A.Sundarammal Municipal Commissioner Tamil Nadu 635 001 6/14

3.Lucas Revenue Commissioner Tamil Nadu 635 001 ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records pertaining to the impugned notice in Na.Ka.No.540/2023/A1 dated 23.02.2023 issued by the 1st Respondent and quash the same.

For Petitioner : Mr.Richardson Wilson (in all the cases) For Respondent : Mr.Haja Nazirudeen Additional Advocate General Assisted by Mr.B.Anand (for R1 & R3) Standing counsel (in all the cases) C O M M O N O R D E R WP.No.3673 & 3682 of 2023 WP.No.3673 of 2023 has been filed to call for the records pertaining to the impugned tender notice in Na.Ka.No.2200/2021/A2 dated 23.01.2023 issued by the 1st Respondent, published in Dhinamani newspaper dated 7/14

28.01.2023 and quash the same.

2.W.P.No.3682 of 2023 has been filed to call for the records pertaining to the impugned order in Na.Ka.No.2981/2021/A2 dated 24.01.2023 issued by the 1st Respondent and quash the same and consequently direct the 1st Respondent to issue work orders and allot place of collections in accordance with the allotment order dated 10.10.2022 in Ref. No.1200/2022/A2 issued in favour of the Petitioner for the work "Collection of duty in daily market". 3.In these Writ Petitions, the Petitioner is challenging cancellation of the allotment order dated 24.01.2023 and notification dated 28.01.2023, in view of certain personal allegations made against the 2nd & 3rd Respondents and the present Commissioner.

4.When the matter is taken up for hearing, learned Additional Advocate General filed a counter affidavit on behalf of Respondents 1 to 3. He would contend that certain allegations have been made against the then Commissioner and the present Commissioner, the Municipal Commissioner has conducted a meeting and put a quietus to the entire dispute and accordingly, they have taken steps. At paragraph No.21 of the counter affidavit it was stated as follows: "21.It is respectfully submitted that this Hon'ble Court may be pleased to vacate the stay and to permit the first Respondent to 8/14

withdraw (1)Tender notification dated 23.01.2023 bearing Na.Ka.No.2200/2021/A2 which was published in Dinamani news paper dated 28.01.2023 which was impugned in the Writ Petition No.3673 of 2023 and (2)The cancellation of allotment order dated 24.01.2023 bearing Na.Ka.No.2981/2021/A2 which was impugned in the Writ Petition No.3682 of 2023, without prejudice to their right to take appropriate proceedings under the show cause notice bearing Na.Ka.No.542/2023/A1 dated 23.02.2023 or by issuing fresh show cause notice by following due process of law. In view of the above Writ Petition becomes infructuous. "

5.In view of the above said permission now sought for, I am inclined to grant permission as sought by the learned Additional Advocate General. Accordingly, the decision taken by the 1st Respondent to withdraw the cancellation of the allotment order dated 24.01.2023 and fresh tender invitation dated 28.01.2023 stand withdrawn. Consequently, these two Writ Petitions become infructuous.

W.P.Nos.3678 & 3683 of 2021 6.W.P.No.3678 of 2021 has been filed to call for the records pertaining to the impugned order notice in Na.Ka.No.2200/2021/A2 dated 23.01.2023 9/14

issued by the 1st Respondent, published in Dhinamani newspaper dated 28.01.2023 and quash the same.

7.W.P.No.3683 of 2021 has been filed to call for the records pertaining to the impugned order in Na.Ka.No.2981/2021/A2 dated 24.01.2023 issued by the 1st Respondent and quash the same.

8.These Writ Petitions have been filed challenging the cancellation of allotted tender work and subsequently calling for fresh tender on various grounds.

9.When the matter is taken up for hearing, learned Additional Advocate General filed a counter affidavit on behalf of Respondents 1 to 3. He would contend that certain allegations have been made against the then Commissioner and the present Commissioner, the Municipal Commissioner has conducted a meeting and put a quietus to the entire dispute and accordingly, they have taken steps. At paragraph No.20 of the counter affidavit it was stated as follows: "20.It is respectfully submitted that this Hon'ble Court may be pleased to vacate the stay and to permit the first Respondent to withdraw (1)Tender notification dated 23.01.2023 bearing Na.Ka.No.2200/2021/A2 which was published in Dinamani news paper dated 28.01.2023 which was impugned in the Writ Petition 10/14

No.3678 of 2023 and (2)The cancellation of allotment order dated 24.01.2023 bearing Na.Ka.No.2981/2021/A2 which was impugned in the Writ Petition No.3683 of 2023, without prejudice to their right to take appropriate proceedings under the show cause notice bearing Na.Ka.No.540/2023/A1 dated 23.02.2023 or by issuing fresh show cause notice by following due process of law. In view of the above Writ Petition becomes infructuous. "

10.In view of the above said permission now sought for, I am inclined to grant permission as sought by the learned Additional Advocate General. Accordingly, the decision taken by the 1st Respondent to withdraw the cancellation of the allotment order dated 24.01.2023 and fresh tender invitation dated 28.01.2023 stand withdrawn. Consequently, these two Writ Petitions become infructuous.

WP.Nos.6891 & 6894 of 2023 11.WP.No.6891 of 2023 has been filed to call for the records pertaining to the impugned notice in Na.Ka.No.542/2023/A2 dated 23.02.2023 issued by the 1st Respondent and quash the same.

12.WP.No.6894 of 2023 has been filed to call for the records pertaining to the impugned notice in Na.Ka.No.540/2023/A1 dated 23.02.2023 issued by 11/14

the 1st Respondent and quash the same.

13.The learned Additional Advocate General would submit that these Writ Petitions are not maintainable against the show cause notice and if at all the Petitioners can offer their explanation the same will be considered by the Respondent in accordance with law.

14.Therefore, the Petitioners are given liberty to file their explanation within a period of three weeks from the date of receipt of a copy of this order and on such receipt of the same, the Respondent shall pass orders in accordance with law. With this direction, I am inclined to dismiss these Writ Petitions. 15.In fine, W.P.Nos.3673, 3678, 3682, 3683 of 2023 are dismissed as infructuous and W.P.Nos.6891 & 6894 of 2023 are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 21.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 12/14

To The Municipal Commissioner Office of the Commissioner Tamil Nadu 634 001 13/14

RMT.TEEKAA RAMAN.J, sai W.P.Nos.3673, 3678, 3682, 3683, 6891 & 6894 of 2023 and W.M.P.Nos.3756, 3758, 3763, 3765, 3767, 3768, 3769, 3770, 3771, 3773, 6982, 6984, 6986, 6990, 6991 & 6992 of 2023 Dated: 21.03.2023 14/14