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Madras High CourtWP/31434/2016disposed of

Srinivas Waste Management v. The Commissioner

2018-02-22Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.31434 of 2016 WMP No.27275 & 30344 of 2016 Srinivas Waste Management Services (P) Ltd., Rep. by its Director, V.Malliga

...Petitioner

Vs.

1. The Commissioner, Tiruchirapalli Municipal Corporation, Tiruchirapalli.

2.Tiruchirapalli City Municipal Corporation, Rep. by its Council, Maiyar.

Tiruchirapalli.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the Commissioner, Tiruchirapalli Municipal Corporation, Tiruchirapalli, made in Na.Ka.No.E5/9652/2013 (Central), dated 08.07.2016, the first respondent herein and quash the same and consequently, forbearing the respondents, their men, agents or any body acting through them from in any manner interfering the right to Collection, including Segregation and transportation of Municipal Solid Waste to designated disposal site including street sweeping and drain cleaning in Ward Nos.9 & Chatram Bus Stand of Srirangam Zone, 7, 28, 29, 61, 62 64 and Gandhi Market of Ariyamangalam Zone, 35, 36, 37, 38, 39, 63 65 and Central Bus Stand of Goldenrock Zone, 40, 41, & 45 of K.Abishekapuram Zone of respondents / Tiruchirapalli Corporation for a period of three years from 05.11.2014 pursuant to the award of the contract by the second respondent and as communicated by the first respondent, dated 03.11.2014.

For Petitioner : M/s.N.Damodaran For Respondents : Mr.P.Srinivas (for R1) https://hcservices.ecourts.gov.in/hcservices/

ORDER

The writ petition has been filed challenging the order of the 1st respondent dated 08.07.2016, and consequently, forbear the respondents, their men, agents or any body acting through them from in any manner interfering the right to Collection, including Segregation and transportation of Municipal Solid Waste to designated disposal site including street sweeping and drain cleaning in Ward Nos.9 & Chatram Bus Stand of Srirangam Zone, 7, 28, 29, 61, 62 64 and Gandhi Market of Ariyamangalam Zone, 35, 36, 37, 38, 39, 63 65 and Central Bus Stand of Goldenrock Zone, 40, 41, & 45 of K.Abishekapuram Zone of respondents / Tiruchirapalli Corporation for a period of three years from 05.11.2014.

2. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.

3. It is represented by the learned counsel for the petitioner that the licence period had already expired and there is arbitration clause in the work order, and hence, the petitioner may be given liberty to approach the arbitrator to ventilate his grievances.

4. In the light of the above submission of the learned counsel for the petitioner, the writ petition is disposed of, with liberty to the petitioner to approach the arbitrator as provided under the work order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pvs To The Commissioner, Tiruchirapalli Municipal Corporation, Tiruchirapalli.

+1cc to Mr.P.Srinivas, Advocate, S.R.No.14094 WP.No.31434 of 2016 SSV(CO) RRK(21/03/2018) https://hcservices.ecourts.gov.in/hcservices/