Roja Women Self Help Group v. Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.10868 of 2018 and W.M.P(MD)No.9995 to 9997 of 2018 Roja Women Self Help Group rep. by its President, Ramalakshmi, Anbu Nagar, Thirupalai, Madurai - 14.
.. Petitioner Vs.
1.Government of Tamil Nadu rep. by the Secretary to Government, Department of Municipal Administration and Water Supply, Fort St. George, Secretariat, Chennai - 600 009.
2.The Madurai Corporation, rep. by its Commissioner, Aringhar Anna Maligai, Madurai - 625 002.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings in Ma.Va.3/001240/2018, dated 21.04.2018 on the file of the Respondent No.2 and quash the same as illegal and consequently directing the Respondent No.2 to renew the petitioner's license period of one more year in respect of Men and Women Toilet nearby the Vasantham Hotel at M.G.R. Bus stand, Madurai.
For Petitioner : Mr.T.Lajapathi Roy For Respondent No.1 : Mr.M.Jeyakumar, Additional Government Pleader.
For Respondent No.2 : Mr.J.Gunaseelan Muthiah
ORDER
Mr.M.Jeyakumar, learned Additional Government Pleader, takes notice for the first respondent and Mr.J.Gunaseelan Muthiah, learned counsel, takes notice for the second respondent. By consent, this writ petition is taken up for final disposal, at the stage of admission itself.
2.The petitioner self help group had taken maintenance of the toilets situate near Vasantham Hotel at M.G.R. Bus Stand, Madurai, on being a successful bidder, from the year 2015 and the lease was
renewed till 2018 and a fresh tender has been floated by the second respondent, for auctioning the toilets for the ensuing year. 3.The petitioner has come up before this Court with the grievance that at the instructions of the second respondent, vide his proceedings in Ma.Va.3/00624/17, dated 20.10.2017, the petitioner had renovated the entire toilet and white washed the same, in compliance with to Prime Minister's "Clean India" scheme. After having invested so much of money, if the lease is not renewed, that will cause severe financial loss and irreparable injury. Therefore, the petitioner has filed this writ petition, challenging the auction notification, issued by the second respondent. 4.Mr.J.Gunaseelan Muthiah, learned counsel for the second respondent would submit that the lease given in favour of the petitioner was renewed thrice in the past and the petitioner cannot seek renewal, as a matter of right.
5.Heard both sides.
6.After considering the materials placed before this Court, a direction is issued to the second respondent to permit the petitioner also to participate in the auction. It is open to the petitioner to submit the accounts with regard to the money incurred for the renovation of the toilets, entrusted to their group, to the second respondent and on receipt of such accounts, the second respondent may consider the same for reimbursement, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
7.The writ petition is disposed of with the above observations. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Department of Municipal Administration and Water Supply, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
2.The Commissioner, Madurai Corporation, Aringhar Anna Maligai, Madurai - 625 002.
+1cc to Special Government Pleader, SR.No. 65330 +1cc to M/S.J.Gunaseelan Muthiah, Advocate SR.No. 65285 +1cc to M/S.T.Lajapathi Roy, Advocate SR.No. 65341 ORDER MADE IN W.P(MD)No.10868 of 2018 and W.M.P(MD)No.9995 to 9997 of 2018 10.05.2018 mr/smn JM/KKR/SAR 1/15.05.2018/3P/6C