S.Balaji v. The Tamil Nadu State Marketing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 12.07.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.35024, 35025, 35039, 35060, 35061, 35068, 35070, 35075, 35076, 35082, 35055, 35035, 35036, 35058, 35040 of 2014 and connected M.Ps in all the WPs.
W.P.No.35024 of 2014:
S.Balaji ... PETITIONER Vs.
1 The Tamil Nadu State Marketing Corporation Limited (TASMAC) Rep. by The Board of Directors Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore Chennai-600 008.
2 Tamil Nadu State Marketing Rep. by The Managing Director Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore Chennai-600 008.
3 The Tamil Nadu State Marketing Rep. by The Senior Regional Manager L.L.A. Buildings, Anna Salai, Chennai-600 002.
4 The Tamil Nadu State Marketing Rep. by The District Manager Kancheepuram (North) Industrial Estate, Thirumazhisai, Kancheepuram District - 600 123 ... RESPONDENTS Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified mandamus to call for the records relating to the order of the 4th respondent dated 16.12.2014 in Na.Ka. No.556/ R8/2014 and quash the same and consequently direct the respondents to fix the upset price for the petitioner's Shop No.4510 at Rs.1,62,114/- for 2014-2015.
For Petitioners : Mr.K.Selvaraj For Respondents : Mr.B.Nedunchezhiyan C O M M O N O R D E R Heard Mr.K.Selvaraj, learned counsel appearing for the petitioners and Mr.B.Nedunchezhiyan, learned Counsel accepting notice for the respondents. With the consent of the learned counsel appearing on either side, the Writ Petitions are taken up for final disposal. 2.In these Writ Petitions, the petitioners seek for quashing the orders passed by the fourth respondent dated 16.12.2014 and to direct the respondents to fix upset price for the petitioners Shops at Rs.1,62,114/- for 2014-2015.
3.Identical prayer was considered by this Court in a batch of cases which were filed during 2014. After hearing the parties in detail, the Writ Petitions were disposed of by a common order dated 23.12.2014, by directing the respondents to consider the petitioners representations in an objective manner and pass appropriate orders. 4.The petitioners herein also sought for similar relief in these Writ Petitions. However, these Writ Petitions are pending without any interim orders and in the interregnum the petitioners were operating the Shops by paying the charges at the old rate. In my view, by efflux of time, the challenge to the impugned proceedings has become academic.
5.In the counter affidavits filed by the respondents, it has been pointed that the respondents cannot fix the upset price based on the whims and fancies of the individuals, as it would result in loss of revenue.
6.The stand taken by the respondents is perfectly justified. Since, the respondents are bound to realise best possible revenue to
the Government, while granting contracts in favour of an individual. Since the impugned orders were passed in 2014, this Court is of the view that the respondents should take immediate steps for fixing the upset price in a proper manner and bring the shops for re-auction. While doing so, representations given by the petitioners shall also be taken into considerations. The above direction be complied with by the respondents, within a period of eight weeks from the date of receipt of a copy of this order.
7.The Writ Petitions are disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed. 12.07.2016 Sgl
To 1 The Tamil Nadu State Marketing Corporation Limited (TASMAC) Rep. by The Board of Directors Thalamuthu Natarajan Maaligai Gandhi Irwin Road Egmore Chennai-600 008.
2 Tamil Nadu State Marketing Rep. by The Managing Director Thalamuthu Natarajan Maaligai Gandhi Irwin Road Egmore Chennai-600 008.
3 The Tamil Nadu State Marketing Rep. by The Senior Regional Manager L.L.A. Buildings Anna Salai, Chennai-600 002.
4 The Tamil Nadu State Marketing Rep. by The District Manager Kancheepuram (North) Industrial Estate, Thirumazhisai, Kancheepuram District - 600 123.
T.S.SIVAGNANAM, J., sgl W.P.Nos.35024, 35025, 35039, 35060, 35061, 35068, 35070, 35075, 35076, 35082, 35055, 35035, 35036, 35058, 35040 of 2014 12.07.2016