G.Arumuga Nainar, v. The Assistant Director Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.4160, 4161, 4247, 4405, 4410 and 4411 of 2019 and W.M.P.(MD)Nos.3270, 3271, 3272, 3273, 3367, 3507, 3508, 3509, 3513, 3514, 3515 and 3516 of 2019 W.P.(MD)No.4160 of 2019 1.G.Arumuga Nainar 2.K.Latha 3.S.Palaniselvam 4.S.Kumaragurubaran 5.G.Vanniaraja 6.E.Durairaj 7.M.Thiruppathy 8.P.Periyasamy 9.C.Vijayan 10.S.Krishnan 11.S.Ganesan ... Petitioners in WP(MD)No.4160 of 2019 1 P.PERIYASAMY, 2 PALANIKUMAR, 3 M.RAJA, 4 J.SENTHILKUMAR, 5 N.SIVA SHANMUGAM @ SHARMILA 6 S.REGHU, ... Petitioners in WP(MD). 4161/ 2019 P.SENTHILKUMAR, ... Petitioner in WP(MD). 4247/ 2019 S.VIMAL PONRAJ, ... Petitioner in WP(MD). 4405/ 2019 D.SUKUMAR ... Petitioner in WP(MD). 4410/ 2019 NASREN, ... Petitioner in WP(MD). 4411/ 2019 Vs 1.The Assistant Director of Panchayats, Tirunelveli Region, Tirunelveli.
2.The Executive Officer, Selection Grade Town Panchayat, Tiruchendur, Tirunelveli District.
... Respondents in WP(MD) Nos.4160, 4161,4247, 4410 and 4411 of 2019 1 THE SPECIAL OFFICER, TIRUCHENDUR TOWN PANCHAYAT CUM ASSISTANT DIRECTOR, (TOWN PANCHAYATS), TIRUNELVELI ZONE, TIRUNELVELI. 2 THE EXECUTIVE OFFICER, SPECIAL GRADE TOWN PANCHAYAT, TIRUCHENDUR, TUTICORIN DISTRICT.
... Respondents in WP(MD). 4405/ 2019 PRAYER IN WP(MD)NO.4160 OF 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned auction notification issued by the 2nd respondent in Na.Ka.No.45 of 2019, dated 11.02.2019 and quash the same insofar as concerned with the petitioners' shops alone and consequently direct the 2nd respondent to re-fix the rental amount insofar as concerned with the petitioners' shops.
Prayer in WP(MD). 4161/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned auction notification issued by the 2nd respondent in Na.Ka.No. 45/2019 dated 11.02.2019 and quash the same in so far as concerned with the petitioners shops alone and consequently direct the 2nd respondent to re-fix the rental amount in so far as concerned with the petitioner's shops Prayer in WP(MD). 4247/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned auction notification issued by the 2nd respondent in Na.Ka.No.45/2019 dated 11.02.
2019 and quash the same in so far as concerned with the petitioners shop No.9 alone and consequently direct the 2nd respondent to re-fix the rental amount in so far as concerned with the petitioner's shop Prayer in WP(MD).
respondents in Na.Ka.No. 45/2019 dated 13.02.2019 and quash the same in so far as Shop No. 4 situated in Commercial Complex at Kayal Road, Tiruchendur as mentioned in Serial No.9 of the said notification is concerned and consequently direct the respondents to extend the period of lease on the strength of the petitioner's representation dated 12.02.2019 Prayer in WP(MD). 4410/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus, call for the records relating to the impugned tender notification issued by the 2nd respondent in Na.Ka.No., 45/2019 dated 11.02.2019 and quash the same in so far as concerned with eh petitioner's shop alone and consequently directing the 2nd respondent to re-fix the rental amount in so far as concerned with the petitioner's shop.
Prayer in WP(MD). 4411/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus, call for the records relating to the impugned tender notification issued by the 2nd respondent in Na.Ka.No. 45/2019 dated 11.02.2019 and quash the same in so far as concerned with the petitioner's shop alone and consequently directing the 2nd respondent to re-fix the rental amount in so far as concerned with the petitioner's shop.
For Petitioners : Mr.M.C.Swamy in WP(MD)No.4160,4161,4247 of 2019 : Mr. R. Anand, in WP(MD)No.4405 of 2019 : Mr.M.Gnanagurunathan, in WP(MD)No.4410 AND 4411 OF 2019 For Respondents : Mr.M.Rajarajan Government Advocate in all WP's.
COMMON ORDER The notification impugned in these writ petitions has already been withdrawn.
2.The learned Government Advocate submits before this Court that as and when the local body decides to hold a fresh tender/auction a fresh notification will be issued. 3.Since the main challenge has become infructuous, the question of granting consequential relief does not arise. However, the rights of the writ petitioners are left open.
4.With this observation, these Writ Petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. SD ASSISTANT REGISTRAR ( CS II ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) ias To:
1.THE ASSISTANT DIRECTOR OF PANCHAYATS, TIRUNELVELI REGION, TIRUNELVELI.
2.THE EXECUTIVE OFFICER, SELECTION GRADE TOWN PANCHAYAT, TIRUCHENDUR, TIRUNELVELI DISTRICT.
3.THE SPECIAL OFFICER, TIRUCHENDUR TOWN PANCHAYAT CUM ASSISTANT DIRECTOR, (TOWN PANCHAYATS), TIRUNELVELI ZONE, TIRUNELVELI. 3CC'S TO MR. M.C. SWAMY, ADVOCATE SR 54417,54418,54419 2CC'S TO MR. M. GNANAGURUNATHAN, ADVOCATE SR 54437,54438 1CC TO THE SPL GOVT PLEADER SR 54749 AND 54660 KK 9.4.2019 4P - 10C W.P.(MD)Nos.4160, 4161, 4247, 4405, 4410 and 4411 of 2019 15.03.2019