M.Kuthalingam, v. The Director Of Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.A.(MD) No.577 of 2019 and C.M.P.(MD) No.4747 of 2019 and and W.M.P.(MD) Nos.4685, 4688 & 8581 of 2021 W.A.(MD) No.577 of 2019:

M.Kuthalingam ... Appellant -vs1.The Director of Town Panchayats Directorate of Town Panchayats 4th Floor, Kuralagam Buildings Chennai-600 108 2.The District Collector Tirunelveli District Tirunelveli

3.The Assistant Director of Town Panchayats Tirunelveli District Tirunelveli 4.Courtallam Special Grade Town Panchayat rep.by its Executive Officer Courtallam Tirusnelveli District 5.Sethuramalingam ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 28.03.2019, passed in W.P.(MD) No.6777 of 2019, on the file of this Court.

For Appellant Mr.M.Saravanan For Respondents Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader for R1 to R4 Mr.A.Saravanan for R5 W.P.(MD) No.5983 of 2021:

K.Sethuramalingam ... Petitioner -vs1.The District Collector Tenkasi District Tenkasi

2.The Executive Officer Coutralam Special Grade Town Panchayat Coutralam, Tenkasi District 3.M.Kuthalingam ... Respondents Writ 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 tender notification of the second respondent in Na.Ka.No. 46/2021/A3, dated 02.02.2021, so far as the first item, namely, "Five Falls Parking Licence Fee" to quash the same as illegal and consequently direct the respondents to accept the petitioner's tender amount with 5% additional fee for the tender period of 2021-2022.

For Petitioner Mr.A.Srinivasan For Respondents Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader for R1 & R2 Mr.J.C.Rathinavel Pandian for R3 C O M M O N J U D G M E N T [Judgment of the Court was made by R.MAHADEVAN, J.] W.A.(MD) No.577 of 2019 is preferred by one Kuthalingam, one of the tenderers, against the order dated 28.03.2019, passed in W.P.(MD) No. 6777 of 2019.

2. Whereas, one Sethuramalingam, a successful bidder, has filed W.P.(MD) No.5983 of 2021 challenging the tender notification, dated 02.02.2021, issued by the Executive Officer, Coutralam Special Grade Town Panchayat insofar as it relates to "Five Falls Parking Licence Fee", with a direction to the respondents to accept his tender amount with 5% additional fee for the tender period of 2021-2022.

3. To be noted, the issue involved in this matter relates to the collection of parking fee for the period 2019 - 2020. Since the period itself is over, we are of the view that the the parties have to approach the authority concerned for necessary reliefs regarding refund of money deposited etc.

4. Accordingly, granting liberty to the parties concerned to approach the authority concerned, within a period of two weeks from the date of receipt of a copy of this judgment, for redressal of their grievance with regard to refund of money deposited etc., and on such approach of the parties, the authority concerned shall consider the same and pass orders on merits and in accordance with law, within a period of four weeks thereafter, the writ

appeal and the writ petition are disposed. No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D., J.] [J.S.N.P., J.] 28.11.2022 Index Yes / No Internet :

Yes / No krk To:

1.The Director of Town Panchayats, Directorate of Town Panchayats, 4th Floor, Kuralagam Buildings, Chennai-600 108.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The District Collector, Tenkasi District, Tenkasi.

4.The Assistant Director of Town Panchayats, Tirunelveli District, Tirunelveli.

5.The Executive Officer, Courtallam Special Grade Town Panchayat, Courtallam, Tirusnelveli District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk W.A.(MD) No.577 of 2019 and C.M.P.(MD) No.4747 of 2019 and and W.M.P.(MD) Nos.4685, 4688 & 8581 of 2021 28.11.2022