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Madras High CourtWP/15930/2017dismissed

V.Kumar v. The District Collector

2017-06-23Honourable Mr Justice M.M.Sundresh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.Nos.15930 to 15936 of 2017 and W.M.P.Nos.17236 to 17349 of 2017 V.Kumar ... Petitioner in W.P.15930 of 2017 K.Ramesh ... Petitioner in W.P.15931 of 2017 A.Perumal ... Petitioner in W.P.15932 of 2017 V.Appasamy ... Petitioner in W.P.15933 of 2017 V.Sundaramoorthy ... Petitioner in W.P.15934 of 2017 P.Girija ... Petitioner in W.P.15935 of 2017 S.Rafique ... Petitioner in W.P.15936 of 2017 Vs

1. The District Collector, Villupuram District, Office of District Collector, Villupuram - 605 757.

2. The Special Officer, Thirukoilur Town Panchayat cum The Assistant Director, Town Panchayat, Cuddalore Zone, Cuddalore.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirukoilur, Villupuram District.

4. The Executive Officer, Thirukoilur Town Panchayat, Thirukoilur.

... Respondents in all the WPs Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, W.P.No.15930 of 2017 : To call for the records of the second respondent in respect of the proceeding bearing Na.Ka.No.A1/185/2013 dated 09.06.2017 calling for the closed tender for public auction to be held on 29.06.2017 which is

published in one issue of Tamil Daily namely Dhina Thanthi on 15.06.2017 and quash the same and consequently direct the second respondent to comply with the orders of this Court passed in W.P.No.21898 of 2016 dated 06.04.2017.

W.P.No.15931 of 2017 : calling for the records of the 2nd respondent in respect of the proceedings bearing Na.Ka. NO.A1/185/2013 dated 9.6.2017, which is published in one issue of Tamil Daily namely Dhina Thanti on 15.6.2017 and quash the same and consequently direct the 2nd respondent to comply with the orders of this Honourable court passed in W.P.No.21899 of 2016 dated 6.4.2017.

W.P.No.15932 of 2017 : calling for the records of the 2nd respondent in respect of the proceedings bearing Na.Ka. NO.A1/185/2013 dated 9.6.2017, which is published in one issue of Tamil Daily namely Dhina Thanti on 15.06.2017 and quash the same and consequently direct the 2nd respondent to comply with the orders of this Honourable court passed in W.P.No.21900 of 2016 dated 6.4.2017.

W.P.No.15933 of 2017 : calling for the records of the 2nd respondent in respect of the proceedings bearing Na.Ka. NO.A1/185/2013 dated 9.6.2017, which is published in one issue of Tamil Daily namely Dhina Thanti on 15.06.2017 and quash the same and consequently direct the 2nd respondent to comply with the orders of this Honourable Court passed in No.21901 of 2016 dated 6.4.2017.

W.P.No.15934 of 2017 : calling for the records of the 2nd respondent in respect of the proceedings bearing Na.Ka. NO.A1/185/2013 dated 9.6.2017, calling for the closed Tender for Public Auction to be held on 29.6.2017 which is published in one issue of Tamil Daily namely Dhina Thanti on 15.6.2017 and quash the same and consequently direct the 2nd respondent to comply with the orders of this Honourable court passed in W.P.No.21898 of 2016 dated 6.4.2017.

W.P.No.15935 of 2017 : calling for the records of the 2nd respondent in respect of the proceedings bearing Na.Ka. NO.A1/185/2013 dated 9.6.2017, calling for the closed Tender for Public Auction to be held on 29.6.2017 which is published in one issue of Tamil Daily namely Dhina Thanti on 15.6.2017 and quash the same and consequently direct the 2nd respondent to comply with the orders of this Honourable court passed in W.P.No.21903 of 2016 dated 6.4.2017.

W.P.No.15936 of 2017 : calling for the records of the 2nd respondent in respect of the proceedings bearing Na.Ka. NO.A1/185/2013 dated 9.6.2017, calling for the closed Tender for

Public Auction to be held on 29.6.2017 which is published in one issue of Tamil Daily namely Dhina Thanti on 15.6.2017 and quash the same and consequently direct the 2nd respondent to comply with the orders of this Honourable court passed in W.P.No.21904 of 2016 dated 6.4.2017.

For Petitioner :

Mr.K.Venkateswaran in all the W.Ps For Respondents :

Mr.P.V.Selvakumar, Additional Government Pleader for R1 to R4 in W.P.Nos.15930 and 15931 of 2017 Mr.R.A.S.Senthilvel, Additional Government Pleader for R1 to R4 in W.P.Nos.15932 and 15933 of 2017 Ms.M.E.Raniselvam, Additional Government Pleader for R1 to R4 in W.P.Nos.15934 and 15935 of 2017 Mr.K.J.Sivakumar, Government Advocate for R1 to R4 in W.P.No.15936 of 2017 COMMON ORDER By consent, these writ petitions are taken up for final disposal at the stage of admission.

2.The petitioners are roadside vendors. Earlier they have been removed and they made representations, seeking alternative site. They have been informed that their request would be considered.

3.All the petitioners made representations, seeking allotment in the newly constructed shops situated in the new bus stand. The representations made on 02.05.2016 were not disposed of and therefore, the petitioners have filed writ petitions in W.P.Nos.21898 to 21904 of 2016, which have been disposed of by directing the second respondent therein viz., the Assistant Director of Town Panchayat to pass appropriate orders. 4.The aforesaid order was passed on 06.04.2017. On 09.06.2017, the fourth respondent herein has decided to auction the right to occupy the newly constructed shops. The said proceedings, which has been published in local news paper in Na.Ka.No.A1/185/2013 dated 09.06.2017 is sought to be challenged in these writ petitions.

5.Learned counsel appearing for the petitioners would submit that the request made by them for alternative site is still pending consideration. Though they sought for accommodation in a different place earlier, subsequently, representations were made for the shops newly constructed in the new bus stand. Pending such request, the notification ought not to have been passed. 6.Learned counsels appearing for the respondents would submit that the request of the petitioners for the alternative accommodation in some other place would be considered. The petitioners do not have vested right. They encroached specific extent on the roadside margin earlier, causing hindrance to the general public. Therefore, they have been removed. Hence, no interference is required.

7.The petitioners do not have vested right. They do not seek any claim based upon any legal premise. The earlier order passed by this Court was for the consideration of the request made by the petitioners. It was passed, directing the second respondent therein to look into the request. Now, the impugned order has been passed by the second respondent herein. The mere fact that the Notification has been issued announcing public auction and thereby calling for tenders through the bids itself would show that the petitioners' request was considered as not feasible. Even otherwise, the same cannot be a ground for challenging the decision made to bring the shops for public auction. 8.The learned counsels appearing for the respondents would submit that the petitioners' request for alternative place would be considered.

Therefore, the said submission would be sufficient. The petitioners seek to challenge the entire auction, which was for 23 shops apart from 12 shops meant for physically challenged persons. In fact, the petitioners have made a representation to allot seven shops being one for each. Therefore, they cannot challenge the entire auction notice. 9.In the light of the above said discussion, this Court is of the view that no ground is made out to entertain the writ petitions and grant an interim order. The petitioners can very well participate in the proposed auction.

10.Accordingly, with the above said liberty, the writ petitions stand dismissed. The dismissal of the writ petitions will not stand in the way of respondents 2 and 4 in considering the request of the petitioners for alternative place. The said exercise will have to be completed by respondents 2 and 4 within a period of two weeks from the date of receipt of a copy of this order as orders have already been passed in the earlier writ petitions. The submission made by the learned counsel for

respondents 2 and 4 that a Committee has already been constituted for the aforesaid purpose under the aegis of the fourth respondent is also recorded. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mmi To

1. The District Collector, Villupuram District, Office of District Collector, Villupuram - 605 757.

2. The Special Officer, Thirukoilur Town Panchayat cum The Assistant Director, Town Panchayat, Cuddalore Zone, Cuddalore.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirukoilur, Villupuram District.

4. The Executive Officer, Thirukoilur Town Panchayat, Thirukoilur.

+7cc's to Mr.K.Venkateswaran, Advocate, S.R.No.44342 +1cc to the Government Pleader, S.R.No.44657 W.P.Nos.15930 to 15936 of 2017 AD(CO) CA(28/06/2017)