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Madras High CourtWA(MD)/743/2018disposed of

K.Ramesh v. The Director Of Municipal

2018-07-09Honourable Mr Justice K. Ravichandrabaabu,Honourable Mrs Justice T. Krishnavalli (Retd.)5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI and C.M.P(MD)Nos.4423 and 4652 of 2018 W.A(MD)NO.743 OF 2018 K.Ramesh :Appellant/Petitioner/Petitioner .vs.

1. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai.

Trichy District, Trichy.

3. S.Kannanoor Town Panchayat, represented by its Executive Officer, 5.E.T.Seenivasan : Respondents/Respondents/Respondents W.A(MD)NO.744 OF 2018 K.Ramesh : Appellant/Ist Respondent/ Petitioner/Petitioner .vs.

1. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai.

Trichy District, Trichy.

3. S.Kannanoor Town Panchayat, represented by its Executive Officer, : Respondents 2-5/Respondents 1to 4/ Respondents 1-4/Respondents 1-4 5.E.T.Seenivasan : 5thRespondent/Petitioner / 5th Respondent/5th Respondent PRAYER in W.A(MD)No.743 of 2018: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.M.P(MD)No.6751 of 2018 in W.P(MD) No.7062 of 2018, dated 20.4.2018.

Prayer in WMP(MD). 6751/ 2018 :

To issue an interim injunction restraining the 5th respondent from collecting toll free in the weekly market of S.Kannanoor Town Panchayat and in the Goat market situated in Survey No.252 of S.Kannanoor Town Panchayat, Trichy District. Prayer in WP(MD). 7062/ 2018 :

To issue a Writ of Mandamus directing the 3rd respondent to conduct re-auction for license to collect toll free in the weekly market of S.Kannanoor Town Panchayat and in the Goat market situated in Survey No.252 of S.Kannanoor Town Panchayat, Trichy District.

PRAYER in W.A(MD)No.744 of 2018: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.M.P(MD)No.7111 of 2018 in W.M.P(MD) No.6751 of 2018 in W.P(MD)No.7062 of 2018, dated 20.4.2018. Prayer in WMP(MD). 7111/ 2018 :

To vacate the interim injunction dated 03.04.2018 granted in WMP (MD) No.6751 of 2018 in WP No.7062 of 2018. Prayer in WMP(MD). 6751/ 2018 :

To issue an interim injunction restraining the 5th respondent from collecting toll free in the weekly market of S.Kannanoor Town Panchayat and in the Goat market situated in Survey No.252 of S.Kannanoor Town Panchayat, Trichy District.

Prayer in WP(MD). 7062/ 2018 :

To issue a Writ of Mandamus directing the 3rd respondent to conduct re-auction for license to collect toll free in the weekly market of S.Kannanoor Town Panchayat and in the Goat market situated in Survey No.252 of S.Kannanoor Town Panchayat, Trichy District.

For Appellant : Mr.M.Saravanan for M/s.N.C.Ashok Kumar For Respondents : Mr.A.Thiyagarajan 1,2 & 4 Government Advocate For Respondent-3 : No Appearance For Respondent-5 : Mr.M.Thirunavukkarasu COMMON

JUDGMENT

[Judgment of the Court was made by K.RAVICHANDRABAABU,J.] Both these Writ Appeals are filed against the interim order passed in W.P(MD)No.7062 of 2018, dated 20.04.2018. 2.The appellant in both the Writ Appeals is the Writ Petitioner. He filed the Writ Petition for mandamus directing the S.Kannanoor Town Panchayat/Third Respondent in the Writ Petition to conduct re-auction for licence to collect toll fee in the weekly market and in the Goat Market situated in S.No.252 of S.Kannanoor Town Panchayat, Trichy District . 3.The main grievance of the Writ Petitioner is that the fifth respondent in the Writ Petition/successful bidder, has not strictly complied with the requirement of Clause-11 of the tender notification in making the payment.

4.The Writ Court, initially, by an order, dated 3.4.2018, granted an order of interim injunction restraining the fifth respondent from collecting toll on a prima facie view that the proceedings are violative of tender conditions and as such, it would not be appropriate to permit further proceedings pursuant to the auction.

5.The fifth respondent in the Writ Petition filed a petition before Writ Court to vacate the interim injunction granted on 3.4.2018. It is the contention of the fifth respondent that he was yet to receive notice on the confirmation and therefore, the requirement of payment of balance amount within 24 hours would arise only from the date of receipt of notice intimating confirmation.

6.The Writ Court, after hearing both sides and more particularly the submission made by the learned Standing Counsel for the Corporation that they have not confirmed the auction yet and the same was pending with the Assistant Director of Town Panchayat for certain clarifications and that the confirmation will be given only after such clarifications are received, vacated the interim injunction, however, by making it clear that the entitlement of collecting the toll/charges will not arise until the confirmation order is issued. Challenging the said order, the present Writ Appeals are filed before this Court. 7.At the time of hearing the Writ Appeals,for admission, this Court by order, dated 3.5.2018, granted an order of interim injunction restraining the fifth respondent from collecting the toll fees in the weekly market of S.

Kannanoor Town Panchayat and in the goat market situated in S.No.252 of S.Kannanoor Town Panchayat, Trichy District. The said order is still in force. 8.The learned counsel for the 5th respondent and the Panchayat submitted that the balance amount was paid and received on 20.04.2018 itself.

9.We have heard both the sides and given our careful consideration to the facts and circumstances of the case and the order passed by the Writ Court.

10.Admittedly, these Writ Appeals are filed against the interim order of the Writ Court vacating the injunction already granted. Needless to say that the merits and contentions raised by both parties in the Writ Petition are yet to be considered and decided by the Writ Court in the main Writ Petition, based on the respective pleadings of the parties. Thus, We are of the view that when the Writ Court is yet to consider and decide the main Writ Petition, all the contentions raised by the respective parties before us, can be raised before the Writ Court, so that a finality would reach in the Writ Petition at the earliest. Since the learned counsel for the fifth respondent contended that in view of the interim orders granted, he is not in a position to collect the toll, We are of the view that the main Writ Petition can be taken by the Writ Court at the earliest and dispose the same on merits and in accordance with law.

11.Accordingly, without expressing any view on the merits and

contentions raised by either side, these Writ Appeals are disposed of by requesting the Writ Court to take up the main Writ Petition itself for final disposal and dispose the same on merits and in accordance with law preferably on or before 23.07.018. Till a final order is passed in the Writ Petition, both the parties are directed to maintain status-quo as on today. The Registry is directed to list the Writ Petition before the Writ Court on 11.07.2018.

No costs. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai.

Trichy District, Trichy.

3. The Executive Officer, Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

+ 1 cc TO Mr.N.C.Ashok Kumar , Advocate in SR No. 71756 vsn AE/SV/SAR1/10.07.2018/5P/7C COMMON JUDGEMENT MADE IN and C.M.P(MD)Nos.4423 and 4652 of 2018 09.07.2018