Madras High CourtCRP(MD)/1515/2016dismissed

Pushpam Ganapathy v. Estate Officer

2018-09-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD).No.1515 of 2016 and CMP(MD).No.7392 of 2016 Pushpam Ganapathy

...Petitioner/Appellant

Vs.

Estate Officer, Estate management Section, Tuticorin Port Trust, Tuticorin-628 004.

...Respondent/Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 07.06.2016 made in C.M.A.No.2 of 2010 on the file of the Principal District Court, Tuticorin confirming the order of the respondent herein dated 16.02.2010.

For Petitioner :Mr.R.Vijayakumar For Respondent : Mr.A.Rajini

ORDER

The revision petitioner was given license to run her STD booth in the premises in question. An eviction order was passed against the revision petitioner. Questioning the same, the petitioner filed C.M.A.No.2 of 2010 before the learned Principal District Judge, Tuticorin. The same was also dismissed by order dated 07.06.2016. Questioning the same, the present civil revision petition has been filed.

2.When the matter was taken up for hearing, the learned counsel appearing for the revision petitioner drew the attention of this Court to the order dated 24.09.2007 made in W.P(MD).No.1550 of 2004, in which the following direction was issued:- "10.Therefore, this writ petition is disposed of permitting the respondents to put up the space in question for a fresh tender notification. The petitioner shall also participate in the fresh tender notification and if the petitioner does not happen to be the highest bidder, the respondents shall call the petitioner for negotiation and offer him a renewal on the same rate as the tender notification fetches as the highest bid in the proposed auction. Till then the petitioner shall not be displaced from the location. No costs. Consequently, connected miscellaneous petition is closed."

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3.The learned Standing counsel for the respondent however submits that there is no proposal to issue any fresh tender notification and that the site in question is required for administrative purpose of the respondent Port trust. 4.Recording the said submission, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS-II) To The Principal District Judge, Tuticorin.

+1cc to Mr.R.Vijayakumar, Advocate, SR.No.83511 +1cc to Mr.A.Rajini, Advocate, SR.No.83443 C.R.P.(MD)(PD).No.1515 of 2016 and CMP(MD).No.7392 of 2016 10.09.2018 RMK KK/SKN/SAR-2/15.10.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/