Gandhi Road Car, Van, Drivers v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.20830 of 2013 and M.P.Nos.1 & 2 of 2013 and 1 of 2014 Gandhi Road Car, Van Drivers and Owners Welfare Association, Represented by its Vice President, R.Masilamani, S/o.Ramaiah Pillai, No.141, Gandhi Road, Mannargudi,Thiruvarur District.

...Petitioner

Versus

The Commissioner, Mannargudi Municipality, Mannargudi, Thiruvarur District. ... Respondent Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records of the respondent in and by his proceeding in Na.Ka.No.5580/2009/A4 dated 11.07.2013 and quash the same and consequently direct the respondent not to conduct any Public Auction pursuant to the impugned orders. For Petitioner : Mr.V.Muthukamatchi for MS.P.T.Ramadevi For Respondent : Mr.P.Srinivas Standing counsel

O R D E R

This writ petition has been filed by the petitionerAssociation challenging the notification issued by the respondent-Municipality for collection of parking charges.

2. Heard Mr.V.Muthukamatchi, learned counsel appearing for the petitioner and Mr.P.Srinivas, learned standing counsel appearing for the respondent-Municipality.

3.The learned counsel for the petitioner submitted that the land belongs to the respondent-Municipality. However, https://hcservices.ecourts.gov.in/hcservices/

by an order dated 08.03.2005, the respondent has allotted the land to the Association for parking the vehicles of the members of the petitioner-Association. While so, the respondent has issued notification calling for public auction to grant license for collection of parking fees for the above parking area in his proceedings dated 14.10.2010. Immediately, the petitioner submitted a representation and also challenged the notification in W.P.No.26504 of 2010, which was dismissed as infructuous. The learned counsel appearing for the petitioner further submitted that the petitioner has also sent representations dated 21.10.2010, 25.10.2010 and 12.12.2012 in this regard, which were not considered by the respondent.

4. On perusal of the documents annexed in the typed set, it reveals that the impugned notification dated 11.07.2013 was issued for collection of parking charges for a period between 2012 to 2015. Since the period has already lapsed, nothing survives for adjudication. Hence the writ petition stands dismissed as infructuous. However, the respondent is directed to consider the representation of the petitioner before taking any further action. No costs. Consequently, connected miscellaneous petitions are closed. -Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To The Commissioner, Mannargudi Municipality, Mannargudi, Thiruvarur District.

• 1 cc to Ms.P.T.Ramadevi, Advocate Sr.No. 22544 • 1 cc to Mr.P.Srinivas, Standing Counsel Sr.No.22441 W.P.No.20830 of 2013 and M.P.Nos.1 & 2 of 2013 and 1 of 2014 RRI 10/04/2018 https://hcservices.ecourts.gov.in/hcservices/