S. Suresh v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.6045 of 2020 S. Suresh ... Petitioner Vs.

1.The District Collector Karur District, Karur.

2.The Additional Director of Panchayat (Admn), Dindigul Zone, Dindigul.

3. The Executive Officer Uppidamangalam Union Panchayat, Karur District.

4. K.Ravi ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the first respondent to direct the respondent No. 2 to 3 not to extend the period of collecting licence fee in weekly Market in Uppidamangalam Union Panchayat, Karur District beyond 31.03.2020 to the fourth respondent and to collect Income Tax and Goods and Service Tax on the Tender amount of Rs.61,02,002 from the fourth respondent for the year 20192020 and consequentially directing them to call for fresh tender/auction for a period of three (3) years as per GO (Standing) No.181 dated 19.09.2008 in Clause 3 (ii) by considering petitioner's representation dated 09.03.2020.

For Petitioner: Mr.A.Haja Mohideen For R1 to R3 : Mr.V.Anand Government Advocate

ORDER

This writ petition has been filed to direct the first respondent to direct the respondent Nos. 2 to 3 not to extend the 1/3

period of collecting licence fee in weekly Market in Uppidamangalam Union Panchayat, Karur District beyond 31.03.2020 to the fourth respondent and to collect Income Tax and Goods and Service Tax on the Tender amount of Rs.61,02,002/- from the fourth respondent for the year 2019-2020 and consequentially, direct them to call for fresh tender / auction for a period of three (3) years, as per GO (Standing) No.181, dated 19.9.2008, in Clause 3 (ii), by considering petitioner's representation dated 09.03.2020.

2. Mr.V.Anand, learned Government Advocate takes notice for the respondents 1 to 3.

3. By consent, this writ petition itself is taken up for final disposal, at the stage of admission itself.

4. The petitioner, who is an unsuccessful bidder, is before this Court and according to him, the fourth respondent herein is a successive bidder in the Tender/ Auction, for the year 2019-2020 and it was granted to the fourth respondent and he has paid Rs.61,02,002/- (Rupees Sixty One Lakhs and Two Thousand only), but it is learnt that the Income Tax and GST, as per Clause -14 of the Tender Document was not paid by the fourth respondent till now. In the said circumstances, the extension of period to the fourth respondent should not be given after 31.03.2020 and fresh Tender / Auction should be conducted, by mentioning terms and conditions, by citing GO Standing No.181, dated 19.09.2008 and hence, the fourth respondent has no locus standi to continue the Tenure. In this regard, the petitioner has submitted a representation, dated 15.02.2020 before the third respondent and because of their inaction, the present petition came to be filed, for the aforesaid relief.

5. Though the petitioner seeks a larger relief, at the time of arguments, the learned Counsel appearing for the petitioner would submit that it would be suffice, if the representation of the petitioner, dated 15.02.2020, is disposed of by the respondents 1 to 3, on merits, as expeditiously as possible.

6.

The learned Government Advocate appearing for the Respondents 1 to 3 would submit that, if reasonable time is granted to the respondents 1 to 3, appropriate orders will be passed on the representation of the petitioner, dated 15.02.2020.

7. In view of the above said submissions and also considering the limited scope of the relief now sought for by the petitioner, this Court, without expressing any opinion on the merits of the petitioner's claim, directs the respondents 1 to 3, to consider the representation of the petitioner dated 15.02.2020, after affording opportunity to the fourth respondent and pass suitable orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 2/3

8. With the above observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The District Collector Karur District, Karur.

2.The Additional Director of Panchayat (Admn), Dindigul Zone, Dindigul.

3. The Executive Officer, Uppidamangalam Union Panchayat, Karur District.

W.P.(MD)No.6045 of 2020 24.03.2020 SDS (18.06.2020) 3P-4C 3/3