Madras High CourtWP(MD)/2581/2023dismissed

Manimegalai v. The Commissioner

2023-02-09Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)No.2581 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2581 of 2023 and W.M.P.(MD)No.2348 and 2349 of 2023 Manimegalai ... Petitioner Vs.

1.The Commissioner, Dindigul City Municipal Corporation, Dindigul.

2.R.Amala Devi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorary, to call for the records pertaining to the impugned order passed by the 1st respondent vide his proceedings Na.Ka.No.8860/2017/A7 dated 12.01.2023 and quash the same as illegal.

For Petitioner : Mr.V.Malaiyendran For R1 : Mr.M.Thirunavukkarasu Standing Counsel

O R D E R

Heard the learned counsel for the petitioner and the learned standing counsel for the Dindigul Municipal Corporation. 1/ 4

2 W.P.(MD)No.2581 of 2023 2.The petitioner questions the allotment of the petition mentioned shop by the corporation in favour of the second respondent. The petitioner states that the second respondent has offered to pay only a sum of Rs.11,400/- per month. The petitioner has offered a higher amount. Though the offer of the petitioner is attractive, the petitioner cannot be allotted any shop as she did not participate in the tender process.

3.That apart, it would not be appropriate for this Court to interfere at this point of time. The learned standing counsel has produced a copy of the proceedings dated 13.01.2023 from which it is seen that the possession was already handed over to the second respondent. If the second respondent sublets the shop, it is always open into the first respondent to take action even for cancelling the allotment. So long the second respondent is carrying on business in the allotted shop as per the license terms and conditions, it is not appropriate for this Court to interfere.

4.This writ petition stands dismissed of. No costs. Consequently, connected miscellaneous petitions are closed. 2/ 4

3 W.P.(MD)No.2581 of 2023 09.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No pnn To The Commissioner, Dindigul City Municipal Corporation, Dindigul.

3/ 4

4 W.P.(MD)No.2581 of 2023 G.R.SWAMINATHAN,J.

pnn W.P.(MD)No.2581 of 2023 and W.M.P.(MD)No.2348 and 2349 of 2023 09.02.2023 4/ 4