S.Mariappan v. Madurai City Municipal Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2025

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.6727 of 2025 S.Mariappan ... Petitioner Vs.

Madurai City Municipal Corporation, Rep., by its Commissioner, Arignar Anna Maligai, Thallakulam, Madurai-625 002.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to permit the petitioner to participate in the E-Auction/Tender scheduled to be held on 28.03.2025, by dispensing with the uploading of No Objection Certificate yet to be issued on the application of the petitioner dated 25.03.2025 in respect of toilet at Arapalayam Bus Stand shown as item No. 13 under Zone 3 of the Madurai Corporation in the E-auction notice published in Madurai District Gazette dated 25.11.2024 in ref.No.Na.Ka.No. A1/011217/2024.

For Petitioner :

Mr.K.K.Senthil For Respondent :

Mr.F.Deepak Standing Counsel

ORDER

This writ petition has been filed for a direction upon the respondent to permit the petitioner to participate in the E-Auction/Tender scheduled to be held on 28.03.2025, by dispensing with the uploading of No Objection Certificate yet to be issued on the application of the petitioner dated 25.03.2025 in respect of toilet at Arapalayam Bus Stand shown as item No. 13 under Zone 3 of the Madurai Corporation in the E-auction notice published in Madurai District Gazette dated 25.11.2024 in ref.No.Na.Ka.No. A1/011217/2024.

2. The main grievance of the petitioner is that the request made by the petitioner on 25.03.2025 requesting for issuance of a No Objection Certificate to the respondent-Corporation is not being considered, thereby depriving the petitioner to participate in the e-auction in response to the

notification No.A1/02483/2025, dated 11.03.2025 issued by the respondentCorporation.

3. Today, when the matter is taken up by way of lunch motion, Mr.F.Deepak, learned Standing Counsel appearing for the respondentCorporation, on instructions, submitted that the respondent-Corporation is not going to proceed with the notification dated 11.03.2025 and the Corporation is going to issue a fresh notification due to certain technical reasons either by issuing a fresh notification or by renewing the notification dated 11.03.2025, thereby extending the last date for submission of bids.

4. Be that as it may, insofar as the grievance of the petitioner in not issuing the No Objection Certificate is concerned, the learned Standing Counsel fairly submitted that the respondent-Corporation would pass appropriate orders on the request made by the petitioner within a period of one week.

5. In the light of the above, this Writ Petition is disposed of directing the respondent to consider the request made by the petitioner by submitting the representation dated 25.03.2025 and pass orders on merits and in accordance with law within a period of one week from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

28.03.2025 NCC : Yes/No Index : Yes/No Internet : Yes ABR To The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maligai, Thallakulam, Madurai-625 002.

MUMMINENI SUDHEER KUMAR, J.

ABR 28.03.2025