Ramesh S v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD)Nos.4780, 4782 and 4783 of 2023 1.S.Ramesh 2.R.Vignesh 3.V.S.Natarajan 4.M.Anbuselvi 5.M.Selvan 6.V.Pandian 7.E.Valarmathi 8.A.Venkatraman 9.P.Jeyakanthan ... Petitioners vs.

The Executive Officer, Pudhuvayal Town Panchayat, Sivagangai District.

... Respondent PRAYER: 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 impugned auction notification, dated 01.02.2023 of the respondent in Na.Ka.No.917/2022/A2 in respect of Shop Nos.1 to 3 and 5 to 10 situated at weekly market complex in the respondent Town Panchayat and consequently, to direct the respondent to 1/5

extend the petitioners' license in respect of Shop Nos.1 to 3 and 5 to 10 situated at weekly market complex in the respondent Town Panchayat and consequently, further forbear the respondents from disturbing the peaceful possession and enjoyment of the property. For Petitioners :Mr.J.Anandkumar For Respondent :Mr.B.Saravanan Additional Government Pleader *****

O R D E R

The petitioners have filed the present Writ Petition in the nature of Certiorarified Mandamus relating to an auction notification, dated 01.02.2022 issued by the respondent herein with respect to 13 shops. 2.Heard Mr.J.Anandkumar, learned Counsel for the petitioners and Mr.B.Saravanan, learned Additional Government Pleader for the respondent.

3.The petitioners sought extension of lease for the shops, in which they are carrying on business. On the previous hearing date, when the matter came up for admission, this Court had passed the following order: 2/5

"The petitioner may participate in the Auction proceedings, scheduled on 10.03.2023. The petitioner had already paid EMD amount as successful bidder in the earlier auction. The EMD amount already paid by the petitioner can be adjusted in this auction. 2.The entire results of the auction to be presented by the respondent, before this Court in a separate format relating to existing shop owners, even though they had not participated in the auction.

3.Call the matter again on 15.03.2023.

09.03.2023"

4.It is now represented on behalf of the respondent/Executive Officer, Puduvayal Town Panchayat at Sivagangai District that fresh auction notification has been issued, dated 13.03.2023 and the date of auction is fixed on 05.04.2023. The petitioners are always permitted to participate in the auction and as aforementioned, the EMD already paid by the petitioners may be adjusted, as if they had paid for this auction also. Let the tender process be continue. I am confident that the respondent would adhere to the rules and regulations, as is required. 5.No further orders are required.

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6.The Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Index :Yes / No 15.03.2023 Internet :Yes NCC : Yes/No cmr 4/5

C.V.KARTHIKEYAN, J.

cmr Order made in 15.03.2023 5/5