Madras High CourtWP(MD)/4685/2019dismissed

K.Ayyappan, S/O.Kumarasamy v. The Executive Officer,

2019-03-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4685 of 2019 and W.M.P(MD).No.3736 of 2019 K.Ayyappan ... Petitioner Vs The Executive Officer, Courtallam Town Panchayat(Special grade) Tirunelveli District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to forbear the respondent herein from conducting public auction in so far as Sl.No.4 of the tender notification in Na.Ka.No.50/2019/A1 dated 14.02.2019 and consequently directing the respondent herein to extend the benefit of renewal of lease in favour of the petitioner in respect of Sl.No.4 of the tender notification in Na.Ka.No.50/2019/A1 dated 14.02.2019 on par with similarly placed as per the petitioner's representation dated 10.02.2019.

For Petitioner : Ms.K.R.Shiva Shankari For Respondent : Mr.M.Rajarajan Government Advocate

ORDER

The petitioner was given right to collect user charges from the toilet in question. The three years license period had already expired. The respondent brought to the same for fresh auction. The petitioner challenges the said auction proceedings. It is seen that the petitioner was out bid. Therefore, in these matters, this Court can only take note of the revenue interest of the local body. Since the petitioner was not able to offer the highest bid, this Court cannot grant any relief to the petitioner. The petitioner is also not entitled to any extension of the license period. Therefore, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

To The Executive Officer, Courtallam Town Panchayat(Special grade) Tirunelveli District.

+1cc to Mr.S.SRINIVASA RAGHAVAN, Advocate, SR.No. 54384 W.P.(MD)No.4685 of 2019 RMK KK/SAR-/25.03.2019/2P-3C https://hcservices.ecourts.gov.in/hcservices/