S.Padmapriya v. Regional Director Of Municipal Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and W.M.P.Nos.4137, 4139 and 4141 of 2023 1.S.Padmapriya 2.K.Mohan Raj Kumar ... Petitioners Vs 1.Regional Director of Municipal Administration, Krishnarajendra Chatram Complex, Arisipalayam, Salem - 630 009.

2. Commissioner, Krishnagiri Municipality, Gandhi Road, Krishnagiri - 636 009 .. Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records of the 2nd respondent dated 24.01.2023 bearing Na.Ka.No.2981/2021/A2 and quash the same.

For Petitioner : Mr.Mukunth, Senior Counsel for M/s.Sarvabhauman Associates For R1 : Mrs.S.Mythreye Chandru, Special Government Pleader For R2 : Mr.B.Anand, Standing Counsel ******* 1/4

O R D E R

The Writ Petitioner was allotted lease in respect of pay and use toilet in the new bus stand and old bus stand in Krishnagiri Municipality for one year. Due to certain allegations made therein, the second respondent issued show cause notice for cancellation of his license by proceedings dated 24.01.2023 and his license has been cancelled and hence she made a representation to the authorities concerned.

2. The learned counsel appearing for the petitioner contended that by recommendation of the first respondent dated 23.01.2023, the second respondent has cancelled the license given to the petitioner.

3. The learned Special Government Pleader on instruction would submit that the said issuance of the show cause notice dated 23.01.2023 for granting permission for alloted in respect of pay and use toilet in the new bus stand and old bus stand in Krishnagiri Municipality.

4. The second respondent/Krishnagiri Municipality filed a common counter seeking permission of the Court for withdrawal of the tender notification dated 23.01.2023, in the newspaper dated 27.01.2023 and also withdrawal of cancellation of allotment order dated 24.01.2023 in this Writ Petition.

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5. In the interest of justice, both the permissions are granted. It is open to the second respondent/Municipality to issue fresh show cause notice, if he so desire about the alleged irregularities for cancellation and pass orders in accordance with law.

6. Accordingly, this Writ Petition is disposed of with liberty to the second respondent/Krishnagiri Municipality to issue fresh show cause notice by following due process of law. No costs. Consequently, connected W.M.Ps are closed.

24.03.2023 nvi Index:Yes/No To 1.Regional Director of Municipal Administration, Krishnarajendra Chatram Complex, Arisipalayam, Salem - 636 009.

2. Commissioner, Krishnagiri Municipality, Gandhi Road, Krishnagiri - 635 001 3/4

RMT.TEEKAA RAMAN,J., nvi W.P.No.4087 of 2023 and W.M.P.Nos.4137, 4139 and 4141 of 2023 24.03.2023 4/4