M.Govindan v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.15225 of 2022 M.Govindan ... Petitioner Vs 1.The Director, Order of the Director of Town Panchayats, Chennai - 600 028.
2.The Assistant Director (Panchayats), Vellore Zone, Vellore.
3.The District Collector, Order of the District Collector, Vengikal, Tiruvannamalai, Tiruvannamalai District.
4.The Executive Officer, Selection Grade Town Panchayat, Chengam, Tiruvannamalai District - 606 701.
5.The President, Chengam Selection Grade Town Panchayat, Chengam, Tiruvannamalai District - 606 701.
... Respondents 1/6
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the letter bearing Na.Ka.No.171/2022/A3 dated 26.05.2022 issued by the fourth respondent and to quash the same and to allocate flower shop No.1 at Chengam Town, Tiruvannamalai District at New Bus Stand in Chengam Town, Tiruvannamalai District in the auction conducted by the fourth respondent by extending the benefit of G.O.Ms.No.100, Municipal Administration and Water Supply Department dated 16.02.2000 to differently disabled person based on the representations dated 23.05.2022 and 15.06.2022 and to permit the petitioner to participate in the said auction.
For Petitioner : Mr.P.Balamurugan For Respondents : Mr.M.Shahjahan Special Government Pleader
ORDER
Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the respondents.
2. The petitioner who is a differently abled person with 60% disability has filed this writ petition for a certiorarified mandamus, to call for the records of the fourth respondent bearing Na.Ka.No.171/2022/A3 dated 26.05.2022 and to quash the same and to allot Shop No.1 at New Bus Stand, Chengam Town, Tiruvannamalai District in the auction 2/6
conducted by the fourth respondent by extending the benefit of G.O.Ms.No.100, Municipal Administration and Water Supply Department dated 16.02.2000 based on the petitioner's representations dated 23.05.2022 and 15.06.2022.
3. It is noticed that earlier an auction was proposed to be conducted which was later postponed. Under these circumstances, the petitioner sent representation on 15.06.2022 by way of abundant caution which has culminated in the impugned order. In the impugned order, the respondents have stated that the request of the petitioner cannot be considered.
4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. I have perused the affidavit filed in support of the documents in the present writ petition.
5. The respondents are governed by G.O.Ms.No.100, Municipal Administration and Water Supply Department dated 16.02.2000, wherein, it has been specified that one shop will be reserved for 3/6
differently abled person. If there are more than one person to participate, the benefit of the above Government Order will equally apply to such bidders.
6. Considering the above, I direct the respondents to auction the rights by reserving one shop in favour of differently abled person, in terms of the aforesaid Government Order. The respondents shall endeavour to auction the shop as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.
7. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
28.06.2022 Index : Yes/ No Internet : Yes/No Speaking/Non-Speaking Order arb 4/6
To 1.The Director, Order of the Director of Town Panchayats, Chennai - 600 028.
2.The Assistant Director (Panchayats), Vellore Zone, Vellore.
3.The District Collector, Order of the District Collector, Vengikal, Tiruvannamalai, Tiruvannamalai District.
4.The Executive Officer, Selection Grade Town Panchayat, Chengam, Tiruvannamalai District - 606 701.
5.The President, Chengam Selection Grade Town Panchayat, Chengam, Tiruvannamalai District - 606 701.
5/6
C.SARAVANAN, J.
arb and W.M.P.No.15225 of 2022 28.06.2022 6/6