K.Murugan v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Writ Petition No.28239 of 2022 K.Murugan ..
Petitioner Vs.
1. The Secretary Department of Sports Government of Tamil Nadu Fort St. George Chennai 600 009.
2. The Member Secretary Sports Development Authority of Tamil Nadu Jawaharlal Nehru Stadium Raja Muthaiah Road, Periamet Chennai 600 003.
..
Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to call for the public tender for leasing the SDAT Dolphin Swimming Pool situated at Mogappair West, Chennai 600 037 for further period of lease by considering the petitioner's representation dated 25.03.2022.
For the Petitioner : Mr.N.Vidyasagar For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondent-1 Mr.Santhosh Kumar for Respondent-2
ORDER
(Made by the Hon'ble Acting Chief Justice) The petitioner has come up with this writ petition seeking a direction to the respondents to call for public tender to lease out SDAT Dolphin Swimming Pool situated at Mogappair West, Chennai 600 037, for further period of lease, by considering his representation dated 25.03.2022.
2. According to the petitioner, he came to know that the SDAT Dolphin Swimming Pool, which is owned by the Government of Tamil Nadu, is being misused by the lease holder against the terms of the lease agreement. The swimming pool was leased out to one
S.Kalyanasundaram of Dolphin Club on 22.04.2022, for a period of twenty years till 31.03.2022 to maintain it in a proper manner and to allow it for public use on nominal charge. But, the lessee was collecting more amount violating the norms prescribed by the authorities. Therefore, he filed an application under the Right to Information Act and obtained a reply from the second respondent that proposal to lease out the swimming pool in auction is under process. As no step was taken by the respondents to lease out the swimming pool by conducting public auction, he is before this Court.
3. Mr.P.Muthukumar, learned State Government Pleader appearing for the first respondent, placed on record the written instructions of the second respondent and submitted that the Executive Committee of the second respondent is the competent authority to decide the mode of operation of the Swimming Pool, including own operation and maintenance, maintenance through third party contractors, operation and maintenance through PPP model and that the entire process of leasing out the Swimming Pool will be completed within a period of four months.
4. In the light of the aforesaid submission, this writ petition is disposed of, directing the second respondent to complete the process of leasing out the Swimming Pool within a period of three months from the date of receipt of a copy of this order. There will be no order as to costs.
(T.R., ACJ.) (D.K.K., J.) 26.10.2022 Index : Yes/No kpl To
1. The Secretary Department of Sports Government of Tamil Nadu Fort St. George Chennai 600 009.
2. The Member Secretary Sports Development Authority of Tamil Nadu Jawaharlal Nehru Stadium Raja Muthaiah Road, Periamet Chennai 600 003.
T.RAJA, ACJ, and D.KRISHNAKUMAR,J (kpl) 26.10.2022