Thamarai Magalir Self Help Group v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Thamarai Magalir Self Help Group, Represented by its Secretary, R.Esakkithai, Having Registered Office At 205, Railway Feeder Road, Sankarankovil, Tenkasi District ... Petitioner - Vs. - The Commissioner, Sankarankovil Municipality, Tenkasi District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to grant preference /priority to the petitioner for allotment of work to maintain paid toilet in New Bus Stand, Sankarankovil in the upcoming tender cum auction process by considering the representation of the petitioner dated 28.12.2024.

For Petitioner : Mr.K.Jeyamohan

ORDER

This writ petition has been filed for a direction directing the respondent to grant preference/priority to the petitioner for allotment of 1/4

work to maintain paid toilet in New Bus Stand, Sankarankovil, in the upcoming tender cum auction process by considering the representation of the petitioner dated 28.12.2024.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner is the Secretary of the Thamarai Mahalir Self Help Group. The said Group participated in the auction process conducted by the respondent for maintaining a paid toilet situated in the main bus stand, Sankarankovil. The petitioner, being the successful bidder, was given the work of maintaining the paid toilet for a period two years from the year 2003. Subsequently, it was extended till 2023. Finally, the lease period was extended from 01.04.2021 to 31.03.2023. While being so, the toilet was in dilapidated condition. As such, it was demolished for renovation. The petitioner was assured that the petitioner Self Help Group will be given preference while conducting fresh auction for allotment of work to maintain paid toilet in New Bus Stand, 2/4

Sankarankovil, after renovation. Therefore, the petitioner submitted a representation for giving preference to the petitioner Self Help Group in the event of participating in the upcoming auction process, as per Rule 316 of Tamil Nadu Urban Local Bodies Rules 2023.

4. In view of the above, the respondent is directed to consider the petitioner if the petitioner participated in the upcoming auction process for maintaining the public paid toilet situated at New Bus Stand, Sankarankovil in the light of Rule 316 of Tamil Nadu Urban Local Bodies Rules, 2023 and in accordance with law.

5. With the above direction, this writ petition is disposed of. No costs.

20.01.2025 Index : Yes / No NCC : Yes / No CM 3/4

G.K.ILANTHIRAIYAN , J.

CM TO:-

1. The Inspector General of Registration, 100, Santhome High Road, Chennai - 28.

2. The Sub Registrar Office of the Sub Registrar Office, Karupayoorani, Madurai North.

Order made in Dated:

20.01.2025 4/4