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Madras High CourtWP(MD)/8250/2023dismissed

Usharani A v. The Assistant Director

2023-04-12Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R. SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.7596 and 7597 of 2023 A.Usharani ... Petitioner -vs1.The Assistant Director, Department of Municipal Administration and Water Supply, Trichy Corporation, Trichy.

2.The District Collector, Collectorate Building, Trichy, Trichy District.

3.The Special Officer cum Commissioner of Corporation, Corporation Office, Trichy Corporation, Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned cancellation of licence order issued by the third respondent in

Na.Ka.No.F1/4821/2020/Pon dated 04.08.2022 and quash the same as illegal and consequently direct the third respondent to accept the petitioner's payment and allot advertisement work to her based on her representation dated 20.03.2023. For Petitioner :

Mr.K.Srinivasaragavan For RR1 & 2 :

Mr.P.Thilakkumar Government Pleader For R3 :

Mr.R.Baskaran Standing Counsel for M/s.R.B.Law Associates

O R D E R

[Order of the Court was made by R. SUBRAMANIAN, J.] The challenge in the writ petition is to the action of the Commissioner of Tiruchirappalli Municipality in cancelling the contract awarded to the petitioner to maintain the medians in the Anna Nagar Link Road on the ground that the petitioner, though was awarded the contract, has not chosen to pay the required charges, despite notice dated 09.03.2021.

2. The petitioner would claim that though she had offered to pay the charges, the Commissioner had required her to wait till the elections are over.

This we find to be an invented reason, as the petitioner has not supported this plea with proper documents.

3. The third respondent required the petitioner to wait till the completion of the elections cannot be accepted, as such a contention is raised only on 14.02.2023, that is, at least after six months from the date of receipt of the notice of cancellation. Hence, we do not find any merit in the writ petition. The Writ Petition fails and the same is accordingly dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 12.04.2023 NCC : Yes Index : Yes Internet : Yes abr

R. SUBRAMANIAN , J.

and L.VICTORIA GOWRI, J.

abr To 1.The Assistant Director, Department of Municipal Administration and Water Supply, Trichy Corporation, Trichy.

2.The District Collector, Collectorate Building, Trichy, Trichy District.

3.The Special Officer cum Commissioner of Corporation, Corporation Office, Trichy Corporation, Trichy.

12.04.2023