T.Manickam v. Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.8321 of 2022 and W.M.P.Nos.8295, 8299 & 8300 of 2022 T.Manickam ..Petitioner Vs.

Executive Officer, Selection Grade Town Panchayat, Palacode, Dharmapuri District.

..Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 17.03.2022 passed by the respondent authority and quash the same and consequently direct the respondent authority to grant extension of contractual period to the petitioner for a period of six months from 01.04.2022 by considering the petitioner's representations dated 02.12.2020, 21.06.2021, 29.11.2021, 20.12.2021 and 10.03.2022 and also reduce the amount demanded by the respondent by taking into consideration the GST amount already paid and also the loss suffered by the petitioner.

For Petitioner : Mr.R.Ramesh Raja For Respondent : Mr.Stalin Abhimanyu Special Government Pleader

O R D E R

The petitioner has come out with the present Writ Petition challenging the order of the respondent dated 17.03.2022 and to grant extension of contractual period to the petitioner and also to reduce the amount demanded by the respondent. 2.By consent of both the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondent, this Writ Petition is taken up for hearing at the admission stage itself.

3.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondent and perused the entire materials on record. 4.The petitioner was granted license for collection of toll from the daily market vendors, weekly market and for Vandipettai toll for the year 2019-2020 in Palacode selection grade panchayat and it was extended for further period of two years. According to the respondent, the petitioner did not pay the amount as per the terms and conditions of the license and as on 28.02.2022, a sum of Rs.34,41,666/- was due and payable by the petitioner and hence, the respondent issued notice demanding the said payment. The said demand notice was challenged by the petitioner by filing W.P.No.4954 of 2022 before this Court. This Court, by the order dated 04.03.

2022, directed the respondent to give personal hearing to the petitioner and after considering his explanation pass orders. This Court, directed the petitioner to appear for enquiry and submit his explanation on 10.03.2022 and directed the respondent to pass orders within one week thereafter after hearing the petitioner. The petitioner gave a representation dated 10.03.2022 to the respondent. According to the petitioner, without giving personal hearing to the petitioner, as directed by this Court by the order dated 04.03.2022 in W.P.No.4954 of 2022, the impugned demand notice is issued and prayed for setting aside the said demand notice. 5.Mr.

Stalin Abhimanyu, learned Special Government Pleader appearing for the respondent submitted that the petitioner was a successful bidder for collection of toll in the weekly market for the year 2019-2020 and it was extended till 2022 on enhancement of 5% of the contractual amount. Till today, the arrears of Rs.39,79,090/- is due and payable by the petitioner. In view of the same, the impugned demand notice is issued to the petitioner.

6.From the materials on record, it is seen that this Court, by the order dated 04.03.2022 made in W.P.No.4954 of 2022, [T.Manickam Vs. Executive Officer, Selection Grade Town Panchayat, Palacode, Dharmapuri District], has passed the following order:

" ....5.Admittedly, the petitioner has not been heard by the respondent in the matter.

In my considered view, the petitioner should be heard and a speaking order passed taking note of the explanation that has been put forth by him on 20.12.2021 as well as any further explanation that he may have in the course of the personal hearing.

6.For this purpose, the petitioner

shall appear before the respondent on Thursday, the 10th or March, 2022 on which date the the petitioner may submit any further written submission that he would like to, in his support.

7.Let the petitioner be heard and orders passed within a period of one week thereafter i.e. on or before 17.03.2022. No further notice need be issued in regard to the hearing as this order is dictated in the presence of the learned counsels. The petitioner shall not be disturbed till 17.03.2022 or till passing of the final order, whichever is earlier.

8.This writ petition is disposed in the above terms. Consequently connected miscellaneous petitions are also closed. No costs."

From the impugned order, it is seen that the respondent has considered the explanation of the petitioner, but has not given personal hearing to the petitioner after the petitioner submitted his explanation on 10.03.2022, as directed by this Court. In view of the same, the impugned order dated 17.03.2022 passed by the respondent is liable to be set aside and is hereby set aside. The respondent is directed to give personal hearing to the petitioner and consider the representation of the petitioner dated 10.03.2022 as directed by this Court in W.P.No.4954 of 2022 and pass orders. The respondent is directed to conduct the enquiry on 27.04.2022 and no further notice needs to be issued to the petitioner. The petitioner is directed to appear before the respondent on 27.04.2022 at 11.00 A.M.

and after hearing the petitioner in person on that day, the respondent is directed to pass orders within a week thereafter. If the petitioner fails to appear on that day for personal hearing, it is open to the respondent to consider the materials on record, including the representation of the petitioner dated 10.03.2022 and pass orders.

7.With the above directions, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar krk

To Executive Officer, Selection Grade Town Panchayat, Palacode, Dharmapuri District.

W.P.No.8321 of 2022 RSV(CO) RGA(22/04/2022)