Abdul Rahim.J v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.1622 of 2021 J.Abdul Rahim ... Petitioner -Vs1.The District Collector, Sivagangai, Sivagangai District.
2.The District Welfare Officer, (Person with disabled), Collectorate, Sivagangai, Sivagangai District.
3.The Assistant Director of Town Panchayat, Sivagangai, Sivagangai District.
4.The Executive Officer, Town Panchayat, Thiruppathur, Sivagangai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the fourth respondent in Na.Ka.No.m4/105/2020, dated 18.12.2020 and quash the same and further, direct the fourth respondent to allot the shop at Thiruppathur Bus Stand, Sivagangai District. For Petitioner : Mr.T.S.Mohammed Mohideen for Mr.V.Manikandan For R4 : Mr.G.Arjunan Government Advocate
ORDER
Heard the learned counsel appearing for the petitioner and learned Government Advocate appearing for the fourth respondent panchayat. Considering the nature of relief to be granted, notice to the respondents 1 to 3 is dispensed with.
2.The fourth respondent has issued a tender notification dated 22.12.2020 for allotting the shops in the bus stand. The petitioner is a physically challenged person. One Shop No.39 has been earmarked for the physically challenged candidate. The petitioner 1/3
states that he alone is a genuine candidate and that proxy are being entertained. At this stage, this Court will not be in a position to go into said allegation.
3.The learned Government Advocate for the fourth respondent Panchayat categorically asserts that auction will be conducted among the physically challenged person for the said shop and the highest bidder will be given the license. He makes it clear that the Panchyat will ensure that only a genuine candidate is given the license. In other words, the successful bidder, who will be a physically challenged candidate in respect of this shop, can alone run the shop and he cannot run it through any proxy. In other words, the learned Government Advocate assures this Court that the Executive Officer of the Town Panchayat will ensure that the successful licensee does not act benami for any other contractor. 4.Recording the submission of the fourth respondent, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Sivagangai, Sivagangai District.
2.The District Welfare Officer, (Person with disabled), Collectorate, Sivagangai, Sivagangai District.
3.The Assistant Director of Town Panchayat, Sivagangai, Sivagangai District.
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4.The Executive Officer, Town Panchayat, Thiruppathur, Sivagangai District +1 CC to M/s.SPL GP ( SR-3498[F] dated 05/02/2021 ) +1 CC to M/s.V.MANIKANDAN, Advocate ( SR-3719[F] dated 08/02/2021 ) 04.02.2021 DKS(CO) KB(22.02.2021) 3P 7C 3/3