Nehru Anna Kaikari Market Sillarai Viyabarigal Sangam v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Twenty Ninth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD). No.9246 of 2024 in WP(MD) No.2847 of 2024 Nehru Anna Kaikari Market Sillarai Viyabarigal Sangam Rep. by its Deputy Secretary M.Manikandan Office at No.19 Bhuvana Vilas Kaikari Commission Viyabaram Dharasuram Market, Kumbakonam, Thanjavur District.

... Petitioner/Petitioner Vs 1 The Commissioner Kumbakonam Corporation Kumbakonam Thanjavur District 2 The Collector Thanjavur District Thanjavur ... Respondents/Respondents Prayer in WMP(MD). No.9246 of 2024 Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to pass an order to restore the WP(MD).NO.2847 of 2024 which was dismissed for default on 17.04.2024 on the file of this Honble Court and thus render justice. 1/4

Prayer in WP(MD). 2847/ 2024 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records and quash the Resolution No.26 dated 26.12.2023 passed by 1st Respondent and pass such further or other orders deem fit and thus render justice.

ORDER:- This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.Senthil Kumar, Advocate for Mr.R.Subramanian, Advocate the Petitioner and of Mr.M.Rajarajan, Advocate for the 1st Respondent, and of Mr.K.Balasubramani, Special Government Pleader for the 2nd Respondent this Court made the following order:

W.P(MD)No.2847 of 2024 was filed challenging the agenda tabled on the file of Kumbakonam Corporation. The writ petition was dismissed for non-prosecution on 17.04.2024. Seeking its restoration, the Writ Miscellaneous Petition has been filed.

2. When the matter was taken up for hearing, the learned Standing Counsel appearing for the Corporation clarified that the earlier policy was to collect Rs.60/- at a flat rate from all the users of the vegetable market. Now the policy has been changed and a sum of Rs.3/- per square feet is collected from the users of the vegetable market.

3. I am of the view that the decision of the Municipality cannot be challenged. If the contractor appointed by the Corporation charges any extra excessive rates, it is always open to the users to complain to the Corporation. If any such complaint is lodged and if there is proof for such excess collection, appropriate action shall be taken by the Corporation. This in my view addresses the concerns expressed by the 2/4

petitioner.

4.With these observations and direction to the Corporation, this Writ Miscellaneous Petition is disposed of.

Sd/- Assistant Registrar(CS II) // True Copy // /05/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO

1. The Commissioner Kumbakonam Corporation Kumbakonam Thanjavur District

2. The Collector Thanjavur District, Thanjavur Copy to : The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

+ CC to Mr.M.Rajarajan Advocate CA Sr.No.23619/2024 3/4

ORDER DATED : 29/04/2024 ==========================

ORDER

========================== WMP(MD). No.9246 of 2024 in WP(MD) No.2847 of 2024 Giving direction and etc.

as stated within.

MK/17.05.2024 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4