Madras High CourtWP(MD)/5211/2022allowed

Satheesh Kumar.T..C v. The Director Of Town Panchayat

2022-03-24Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5211 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5211 of 2022 and W.M.P.[MD]No.4236 & 4237 of 2022 T.C.Satheesh Kumar ... Petitioner /Vs./ 1.The Director of Town Panchayath, Town Panchayath Directorate, 7th and 8th Floor, Urban Administrative Office Campus, MRC Nagar, Rajaannamalaipuram, Chennai - 28.

2.The Assistant Director of Town Panchayat, Collectorate Campus, Nagercoil, Kanyakumari District.

3.The Executive Officer, Kaliyakkavilai Town Panchayat, Kaliyakkavilai, Kanyakumari District.

4.The Chairman, Kaliyakkavilai Town Panchayat, Kaliyakkavilai, Kanyakumari District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the auction cum tender notification issued by the 3rd respondent herein in Na.Ka.No.104/2022/A1 dated 11.03.2022 and quash the same as illegal and further direct the respondents herein to permit the petitioner to collect the entry fee from the entrance in the Kaliyakkavilai vegetable and fish market for the financial year from 01.04.2022 to 31.03.2023. For Petitioner : Mr.K.P.Krishna Doss For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R4 : Mr.D.Sasikumar Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.5211 of 2022

ORDER

This writ petition has been filed challenging the impugned auction cum tender notification dated 11.03.2022. The very same tender notification has been quashed, in the order dated 22.03.2022 passed by this Court in WP(MD)No.5068 of 2022. 2.Since the impugned auction notification has already been quashed, the first limb of the prayer sought for in this writ petition has been achieved. Accordingly, this Writ Petition is allowed. However, if the petitioner is aggrieved by any future auction notification to be issued by the respondents, the petitioner is at liberty to challenge the same in the manner known to him under law. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Director of Town Panchayath, Town Panchayath Directorate, 7th and 8th Floor, Urban Administrative Office Campus, MRC Nagar, Rajaannamalaipuram, Chennai - 28.

2.The Assistant Director of Town Panchayat, Collectorate Campus, Nagercoil, Kanyakumari District.

3.The Executive Officer, Kaliyakkavilai Town Panchayat, Kaliyakkavilai,Kanyakumari District.

4.The Chairman, Kaliyakkavilai Town Panchayat, Kaliyakkavilai, Kanyakumari District.

+1 CC to M/s.K.P.KRISHNADOSS, Advocate ( SR-14135[F] dated 24/03/2022 ) +1 CC to M/s.SPL GP ( SR-14909[F] & SR-14545[F] dated 25/03/2022 ) dated 28/03/2022 ) W.P.[MD]No.5211 of 2022 24.03.2022 MGJ(04.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2