Aavudaiappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.14047 of 2018 Aavudaiappan : Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director of Panchayat, Madurai Zone, Madurai.

3.The Special Officer, Vatrairuppu Town Panchayat, Virudhunagar District.

4.The Executive Officer, Sundarapandiam Town Panchayat, Srivilliputhur Taluk, Virudhunagar District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent to renew the petitioner's Contractor License and to pass such further or other orders, as this Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner :

Mr.R.Murugappan For Respondents 1&2 :

Mr.V.Anand, Government Advocate For Respondents 3&4 :

Mr.M.Karuppasamy, Government Advocate

O R D E R

The petitioner has come forward with the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the fourth respondent to renew his Contractor Licence.

2. Heard the learned counsel for the petitioner and the respective learned Government Advocate appearing for the respondents.

3. The petitioner is a Contractor. For the purpose of getting contract, it appears that he produced the Solvency Certificate, which, on verification, was found to be a bogus Certificate and was https://hcservices.ecourts.gov.in/hcservices/

not issued by the Tahsildar of the concerned Taluk. Therefore, the fourth respondent requested the Tahsildar, Srivilliputhur, to verify the said Solvency Certificate issued to the petitioner. The Tahsildar, Srivilliputhur, by his communication dated 29.06.2018, in Na.Ka.A5/6382/2018, informed the fourth respondent that on verification of the records, it was found that Solvency Certificate produced by the petitioner, was not issued by him. Now, the petitioner has made a representation for renewal of the contract. The grievance of the petitioner is that he was not given an opportunity by the respondents.

4. In the light of the communication dated 29.06.2018 issued by the Tahsildar, the renewal application has to be considered by the third and fourth respondents. In order to comply with principles of natural justice, a direction is issued to the third and fourth respondents to consider the request of the petitioner for grant of licence, after conducting an enquiry and affording an opportunity of hearing to him and pass orders, within a period of four weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director of Panchayat, Madurai Zone, Madurai.

3.The Special Officer, Vatrairuppu Town Panchayat, Virudhunagar District.

4.The Executive Officer, Sundarapandiam Town Panchayat, Srivilliputhur Taluk, Virudhunagar District.

+1cc to Mr.M.Karuppasamy, Advocate, SR.No.70640. +1cc to Special Government Pleader, SR.No.70818. Order made in W.P.(MD) No.14047 of 2018 Dated: 02.07.2018 SML RAM/VR/SAR 2/11.07.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/