M.Pandiaraj v. The Regional Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.3024 of 2018 M.Pandiaraj ...

Petitioner Vs.

1.The Regional Director, Municipal Administration, Tirunelveli, Tirunelveli District.

2.The Commissioner, Sivakasi Municipality, Sivakasi, Virudhunagar District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to provide the petitioner any one of the newly constructed shops on the western side of the bus stand maintained by the Sivakasi Municipality the 2nd respondent herein as alternative by considering the petitioner's representation dated 22.11.2017. For Petitioner : Mr.D.Shanmugarajasethupathi For Respondents : Mr.N.Dilipkumar, Standing Counsel

ORDER

This writ petition has been filed seeking direction to the respondents to provide any one of the newly constructed shops on the western side of the bus stand maintained by the Sivakasi Municipality to the petitioner by considering the representation of the petitioner, dated 22.11.2017.

2.According to the petitioner, he claims to be the licensee under the second respondent municipality. Now, the second respondent has constructed new building shops and proposed to let out the same by way of public auction. In the above circumstances, the petitioner has filed a representation to the second respondent seeking allotment in the new shops. Since no order has been passed, the present writ petition has been filed.

3.Learned counsel appearing for the second respondent municipality submitted that the second respondent proposes to let out the new shops constructed by them by conducting public auction. https://hcservices.ecourts.gov.in/hcservices/ 4.First of all, the second respondent has no legal obligation to consider the claim of the petitioner for the allotment

of new shops constructed by the second respondent municipality. Further, the second respondent proposes to let out the shops by conducting public auction. Hence, the relief sought by the petitioner cannot be granted. Accordingly, the writ petition is dismissed leaving it open to the petitioner to participate in the public auction, if he is so desired. No costs. Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To 1.The Regional Director, Municipal Administration, Tirunelveli, Tirunelveli District.

2.The Commissioner, Sivakasi Municipality, Sivakasi, Virudhunagar District.

+1cc to M/S.D.Shanmugaraja Sethupathi, Advocate SR.No. 48797 +1cc to M/S.N.Dilipkumar, Advocate SR.No. 49100 Writ Petition (MD) No.3024 of 2018 SMS JM/SV MMS/SAR 1/28.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/