B.Sasikala v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.16836 of 2021 and W.M.P.No.17826 of 2021 B.Sasikala ... Petitioner -Vs1.The District Collector Salem District.

2.Assistant Director Zonal Panchayat Office Salem-1.

3.The Executive Officer Omalur Selection Grade Panchayat Omalur.

... Respondents Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of directing the third respondent to consider the representation dated 23.07.2021 made by the petitioner seeking extension of the tender period granted in his favour for collection of toll charges in Vandipettai Toll Collection at Bus Stand, Omalur.

For Petitioner : Mr.T.Shanmugam For Respondents : Mr.U.Baranidharan Government Advocate - for RR 1 and 2 Ms.Amirthapoonkodi - for R3

O R D E R

This writ petition has been filed for the issue of a Writ of Mandamus directing the third respondent to consider the representation made by the petitioner on 23.07.2021 wherein the petitioner is seeking for the extension of the tender period granted in his favour for collection of toll charges in Vandipettai Toll Collection at Bus Stand, Omalur.

2. The petitioner was the successful bidder in the auction conducted by the third respondent in the year 2018, wherein he was granted licence for collection of toll charges in Vandipettai Toll Collection at Bus Stand, Omalur. This licence was granted for a period of three years. According to the petitioner, due to the pandemic situation, she was virtually not able to collect any toll charges for the last ten months. The further case of the petitioner is that the third respondent also called for an auction during July 2021 and it did not go through.

3. The petitioner made a representation to the third respondent on 23.07.2021 requesting for the extension of the tender period to enable the petitioner to continue to collect the toll charges. Since the same was not considered, the present writ petition has been filed seeking for appropriate directions.

4. Heard Mr.T.Shanmugam, learned counsel for the petitioner, Mr.U.Baranidharan, learned Government Advocate for the respondents 1 and 2 and Ms.Amirthapoonkodi, learned counsel for the third respondent.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition and, without going into the merits of the case, there shall be a direction to the third respondent to consider the representation of the petitioner dated 23.07.2021 and take a decision and inform the same to the petitioner within a period of four weeks from the date of receipt of a copy of this order. The petitioner shall make a fresh representation to the third respondent with all the relevant documents and a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar KST

To 1.The District Collector, Salem District.

2.Assistant Director, Zonal Panchayat Office, Salem-1.

3.The Executive Officer, Omalur Selection Grade Panchayat, Omalur.

+1cc to Government Pleader Sr No.40364 W.P.No.16836 of 2021 RR (CO) PR (27/08/2021)