Murugesh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-12-2025
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND WMP NO. 53547 OF 2025 Murugesh S/o Ramasamy D. No 1271 C.K. Asharamam, Tirupattur Taluk, Tiruppatur District ..Petitioner(s) Vs
1. The District Collector, Tirupattur, Tirupattur District
2. The Commissioner Of Municipality, Municipality Corporation Office, Tirupattur, Tirupattur District
3. The Revenue Inspector Muncipality Corporation Tirupattur, Tirupattur District ..Respondent(s) PRAYER Writ Petition is filed under Art. 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent herein vide Resolution No 1055 in Na.Ka No. 2161/2023/A4 dated 02.12.2025 and quash the same and consequently direct the 2nd respondent to allow the petitioner to collect the tax.
__________Page 1 of 5
For Petitioner(s):
Mr. R.Ramesh For Respondent(s):
Mr.S.Rajesh Government Advocate for R1 Mr.P.Srinivas for R2 & R3 Order This Writ Petition has been filed challenging the impugned order passed by the 2nd respondent dated 02.12.2025 and consequently seeking a direction to the 2nd respondent to allow the petitioner to collect the tax.
2. According to the petitioner, the 2nd respondent published notification inviting tender on 05.11.2025 for delivery of goods and supply in the market on daily basis and collect taxes from allotted shop owners. The petitioner is an interested person participated in the tender and deposited an amount of Rs.16,00,000/- as caution deposit in respect of solvency certificate on 12.11.2025 and on 13.11.2025 by way of demand drafts bearing Nos.949211 and 949213. Since the petitioner is the highest bidder, tender was accepted and resolution was also passed on 02.12.2025, wherein as per the confirmation, the respondents demanded a sum of Rs.84,11,794/- including labour charges, income tax as well as professional tax within 3 days from the date of confirmation. The duration of contract period from 2025-2026 for the period of 2 years, but the account closing period is March 2025 to March 2026 for 1 year, thereafter, March 2026 to March 2027 for 1 year. According to the petitioner, __________Page 2 of 5
he is liable to deposit for period only i.e. from December 2025 to March 2026, however the 2nd respondent demanded to deposit entire amount for the period of two years. Hence, he seeks to quash the impugned order passed by the 2nd respondent.
3. Mr.S.Rajesh, learned Government Advocate takes notice for 1st respondent. Mr.P.Srinivas, learned counsel appearing for respondents 2 and 3 would submit that as per the tender condition, successful bidder has to pay the amount within 7 days, which is one of the conditions stipulated in the tender. Therefore, the deposit of entire amount is to be paid for awarding the contract. Hence, now the petitioner cannot seek to quash the impugned order.
4. Mr. R.Ramesh, learned counsel for petitioner would submit that he is ready to deposit the said amount, however, he may be given atleast four weeks time to deposit the same. The learned counsel for respondents 2 and 3 would submit that only on the date of payment, the work contract will be allotted to him.
5. Heard both sides and perused the materials available on record.
6. In view of the nature of contract, the petitioner had participated in the tender and there is a clear terms in the tender document, now as a matter of __________Page 3 of 5
right, this Court cannot extend the time as sought by the petitioner. However, since the petitioner seeks some time to deposit entire amount, two weeks time is granted and the petitioner is directed to deposit the entire amount within a period of two weeks from the date of receipt of a copy of this order. At any event, the petitioner failed to deposit the amount, the 2nd respondent is free to go for re-tender.
7. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Writ Miscellaneous Petition is closed.
08-12-2025 Index: Yes/No Speaking/Non-speaking order RPP To
1. The District Collector, Tirupattur, Tirupattur District
2. The Commissioner Of Municipality, Municipality Corporation Office, Tirupattur, Tirupattur District
3. The Revenue Inspector Municipality Corporation, Tirupattur, Tirupattur District
4. The Public Prosecutor, High Court, Madras. __________Page 4 of 5
N.SATHISH KUMAR J.
RPP AND WMP NO. 53547 OF 2025 08-12-2025 __________Page 5 of 5