Kumar v. The Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and WMP (MD) Nos.11232 and 5795 of 2025 Kumar ... Petitioner vs.
1. The Executive Officer, Puduvayal Town Panchayat, Puduvayal, Sivagangai District.
2. The Director of Municipal Administration, Chennai.
3. The District Collector, Sivagangai, Sivagangai District.
4. The Tahsildar, Sivagangai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India 1/6
praying for issuance of a Writ of Mandamus, directing the respondents to allot vending spaces to all the farmers in the newly constructed Weekly Market premise of Puduvayal Town Panchayat Town Panchayat who are presently vending their agricultural produce within the puduvayal Town Panchayat premise in compliance of the resolution of the meeting dated 05.01/2025 (Wrongly mentioned as 05.12.2025) conducted by the 4th respondent. For Petitioner : Mr.K.Vinoharan For R1 - R4 : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) This writ of mandamus has been instituted to direct the respondents to allot vending spaces to all the farmers in the newly constructed Weekly Market premise of Puduvayal Town Panchayat, who are presently vending their agricultural produce within the puduvayal Town Panchayat premise in compliance of the resolution of the meeting dated 05.01/2025 (Wrongly mentioned as 05.12.2025) conducted by the fourth respondent. 2/6
2. The learned Government Pleader appearing on behalf of the respondents would submit that the Puduvayal Town Panchayat premises ought to be leased out by conducting public auction through Open Competitive Process. Public auctions are to be conducted transparently by affording opportunity to all the persons who all are participating and by following the Tender Transparency Act and Rules framed therein.
3. Under Rule 316(11) of the Tamil Nadu Urbal Local Bodies Act, preference can be given strictly in accordance with the rules prescribed, provided the petitioners are eligible to avail the benefit of preference under Section 316 of the Rules.
4. Equal opportunity to participate in the public tender is a valuable right conferred on every citizen and therefore, the authorities are bound to conduct public auction whenever the public properties/shops are leased out. Since the learned Government Pleader would submit that the public auction will be conducted by scrupulously following the rules, no further adjudication is required. The petitioner is at liberty to participate in the auction process if any 3/6
notified by the respondents.
5. With these observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[S.M.S.,J.] & [A.D.M.C.,J.] 09.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6
To
1. The Executive Officer, Puduvayal Town Panchayat, Puduvayal, Sivagangai District.
2. The Director of Municipal Administration, Chennai.
3. The District Collector, Sivagangai, Sivagangai District.
4. The Tahsildar, Sivagangai District.
5/6
S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
PKN ORDER MADE IN DATED : 09.06.2025 6/6