Jayabal. P v. The District Collector

1 W.P.(MD)NO.3841 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3841 of 2024 AND W.M.P.(MD)Nos.3731 & 3732 of 2024 P.Jayabal ... Petitioner Vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The President, Suriyanarkoil Panchayat, Thiruvidaimarudur, Thanjavur District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned Tender Notification published in Dhinathandi News Paper dated 13.02.2024 in respect of vehicle parking License issued by the 2nd respondent and quash the same.

For Petitioner : Mr.B.Ponnu Pandi For Respondents : Mr.M.Lingadurai, Special Government Pleader.

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O R D E R

Heard both sides.

2. The petitioner challenges the auction notification issued by the second respondent published in Daily Thanthi dated 13.02.2024.

3. The said auction notice pertains to collection of toll from those entering Suriyanar Kovil limits. The auction notice has to be set aside for the simple reason that it permits participants by the residents of 1/5

2 W.P.(MD)NO.3841 OF 2024 Suriyanar temple alone and outsiders are not permitted to participate. In the auction notice, upset price and the charges to be collected from the vehicles have not been mentioned. No condition has been set out. On the ground of vagueness and arbitrariness, the order impugned in this writ petition is set aside.

4. But then, when the matter was taken up for hearing, the learned Special Government Pleader produced a copy of another notification pertaining to the very same subject matter. A copy of the same was handed over to the petitioner so as to enable him to get instructions. The notification submitted by the learned Special Government Pleader contains all the usual terms and conditions such as deposit amount, etc which also does not restrict the participants from the local residence alone. The petitioner has no objection for the auction to go on, if it is held as per the terms and conditions of the notice produced by the learned Special Government Pleader. Even while setting aside the notice impugned in the writ petition, I permit the second respondent to conduct auction as per the notice produced by the learned Special Government Pleader in order to avoid ambiguity. The copy of the notice produced by the learned Special Government Pleader is extracted as below:- 2/5

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5. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 19.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Thanjavur District, Thanjavur.

2. The President, Suriyanarkoil Panchayat, Thiruvidaimarudur, Thanjavur District.

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5 W.P.(MD)NO.3841 OF 2024 G.R.SWAMINATHAN,J.

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