A.Uma Maheshwari v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.11625 of 11627 of 2025 A.Uma Maheswari
...Petitioner
-Vs1.The Commissioner, Coimbatore Corporation, Town Hall, Coimbatore-641 001.
2.The Assistant Commissioner (Central Zone), Coimbatore Corporation, Town Hall, Coimbatore-641 001
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus to call for the records of the tender notification floated on 14.03.2025 in Na.Ka.No. 1930/2025/A1(Ma) issued by the 1st respondent herein published in Dhinamani on 14.03.2025 quash the same as illegal, arbitrary and consequently direct the respondents to extend the lease period for 1 year 2 months in favour of petitioner herein. 1/8
For Petitioner :
Mr.K.Vasanthanayagan For Respondents :
Mr.M.Najeeb Usman Khan Standing Counsel
O R D E R
The writ petition is filed seeking to quash the tender notification floated on 14.03.2025 in Na.Ka.No. 1930/2025/A1(Ma) issued by the 1st respondent herein published in Dhinamani on 14.03.2025 quash the same as illegal, arbitrary and consequently direct the respondents to extend the lease period for 1 year 2 months in favour of petitioner herein. The brief facts of the case are as follows:
2.The 2nd Respondent issued a tender for collection of entry fees for Omni Buses in Omni Bus stand in Coimbatore on 18.02.2022 for three years in which the petitioner participated, and subsequently became the successful bidder. A resolution was passed by the Coimbatore Corporation on 2/8
30.06.2022, permitting issue in license in the petitioner's favour. On 07.07.2022 the 2nd Respondent has directed the petitioner to pay a sum of Rs. 8,78,017/- towards the auction and deposits of the same. On receipt of the same the 2nd Respondent issued a notice on 25.03.2023 for the renewal of license for the second year lease period, with a directions for payment of Rs. 10,51,785/-. The petitioner alleges incurring losses on basis of the renovation, issued by the Government of Tamil Nadu. Herein the petitioner has sent representations to the 2nd Respondent seeking a refund of the license amount, but after the completion and reopening of the Omni Bus stand, the 1st Respondent issued tenders for a new tender vide Na.Ka.No.1930/2025/A1(Ma) for the collection of entry fees and maintenance of Public toilet in the said bus stand. Alleging that the respondent has not considered the petitioner's representations, he has filed this present Writ Petition.
3.The learned counsel appearing for the petitioner submitted that the petitioner is involved in the business executive of various Government 3/8
projects by obtaining Government contracts through participating in tenders in and around Coimbatore. The 2nd respondent herein issued a notice of tender for collection of entry fee of the Omini buses in the Omini bus stand, Sakthi road, Coimbatore on 18.02.2022 for the period of three years and petitioner has participated in the said tender and he was declared as a successful bidder.
4.The Petitioner's counsel further submitted that the respondent Corporation had passed a resolution dated 30.06.2022 permitting to issue license in favour of the petitioner and subsequently, the 2nd respondent had issued a notice dated 07.07.2022 directed a petitioner to deposit a sum of Rs.8,78,017/- towards auction amount and other deposit. The learned counsel would further submit that immediately on receipt of the above said notice dated 07.07.2022, the petitioner paid all necessary payments including auction amount and security deposit to the tune of Rs.8,92,507/- to the 2nd respondent. He further submitted that the 2nd respondent had issued a notice dated 24.03.2023 for the renewal of licence for the period from 01.04.2023 4/8
to 31.03.2024 and further the 2nd respondent has directed the petitioner to pay a sum of Rs.10,51,785/- and in the meantime, Government of Tamil Nadu had issued an announcement of the renovation of the said Omni Bus Stand on account of the above renovation work, the petitioner could not collect the entry fee of Omni buses from 03.02.2024 and therefore, the petitioner was put in a position where she could not carryout the aforesaid work and incurred the huge loss.
5.The petitioner has also made representation to the 2nd respondent dated 06.02.2024 and 28.02.2024 seeking for refund of the license fee which was earlier paid by the petitioner. Now, the renovation of the Omni bus stand has been completed and the same has been reopen in the month of February 2025 and started to operate effectively.
6.The learned counsel would further submit that without considering the representation of the petitioner, the 1st respondent has floated the impugned tender on 14.03.2025 for a collection entry fee of the Omini buses 5/8
and for maintenance of the Public Toilet in the omni bus stand, Sakthi road, Coimbatore.
7.The learned Standing Counsel appearing for the respondent Corporation would submit that the representation of the petitioner dated 17.02.2025 to the 2nd respondent, will be consider on merits and in accordance with law, within the time frame that may be stipulated by this Court.
8.Heard both sides and perused the materials available on record. 9.The 2nd respondent is directed to consider the above said representation of the petitioner dated 17.02.2025 requesting to extend the lease period for 1 year from 01.04.2025 to 31.03.2026, after giving due notice to the petitioner, opportunity of personal hearing, on merits, in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order. The 2nd respondent is 6/8
directed to keep the auction proceedings in abeyance till the representation of the petitioner is considered by the 2nd respondent. 10.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 20.03.2025 vsn Index : Yes / No Speaking / Non-Speaking Order To 1.The Commissioner, Coimbatore Corporation, Town Hall, Coimbatore-641 001.
2.The Assistant Commissioner (Central Zone), Coimbatore Corporation, Town Hall, Coimbatore-641 001 7/8
J.SATHYA NARAYANA PRASAD, J.
vsn and W.M.P.Nos.11625 of 11627 of 2025 20.03.2025 8/8