Rajendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Rajendran ... Petitioner Vs

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Additional Director Development of Panchayats, O/o.Dharmapuri Collectorate,

3. The Commissioner / Block Development Officer, Eriyur Panchayat Union, .. Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 30.01.2023 and 23.02.2023 and to direct the respondents to renew the lease for further period of three years by enhancing over and above 5% for the previous lease amount or enhanced amount fixed by the respondents of the lease amount of Rs.40.50 lakhs to ferry service from Ottanur to Kottaiyur Kavery River.

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For Petitioner : Mr.C.Emalias For R1&R2 : Mr.A.M.Ayyadurai, Government Advocate For R3 : Ms.N.Senthil Selvi, Government Advocate *******

O R D E R

The petitioner seeks direction from this Court in the nature of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 30.01.2023 and 23.02.2023 for renewal of his alleged lease in his favour.

2. According to the petitioner was the highest bidder in the auction conducted by the third respondent on 21.01.2022 for operating parisal and boat from Ottanur to Kottaiyur Village across Kavery river for one year from 22.03.2022 to 21.03.2023 for a value of Rs.17.65 lakhs. But due to some reasons the tender was cancelled by the first respondent / Collector, Dharmapuri. However, the third respondent issued re-auction notice on 05.03.2022 to be held on 14.03.2022 on the ground that the auction amount for the previous year was Rs.40.35 lakhs and calculating with the tax it comes to Rs.48.42 lakhs and hence the petitioner made a representation to the respondents.

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3. Heard the learned counsel for the petitioner and Mr.A.M.Ayyathurai, learned Government Advocate appearing for the respondents 1 and 2 and Ms.N.Senthil Selvi, learned Government Advocate appearing for the third respondent.

4. Without expressing any opinion on the merits of the case, I am inclined to direct the first respondent to consider the petitioner's representation dated 30.01.2023 and 23.02.2023 and shall pass an order in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. No costs. 28.03.2023 nvi Index:Yes/No To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Additional Director Development of Panchayats, O/o.Dharmapuri Collectorate,

3. The Commissioner / Block Development Officer, 3/5

Eriyur Panchayat Union, RMT.TEEKAA RAMAN,J., nvi 4/5

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