Madras High CourtWP(MD)/8189/2015dismissed

R. Muthuvijayan v. Chinnamannur Municipality

2015-05-14Honourable Mr Justice T. S. Sivagnanam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.05.2015

CORAM:

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD)No.8189 of 2015 and M.P.(MD).No.1 of 2015 R. Muthuvijayan ..Petitioner Vs.

1. Chinnamannur Municipality, Rep. By its Commissioner, Chinnamannur, Theni Disstrict.

2. Dhanasekaran ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to cancel the order of confirmation issued in favour of the 2 nd respondent and consequently issue an order of confirmation in favour of the petitioner in respect of collection of fee from the buses in Nehruji Bus Stand, Chinnamannur, Theni District.

For Petitioner : Mr. T. Antony Arulraj For 1 st Respondent : Mr.M.Karuppusamy Pandian

O R D E R

The petitioner has filed this writ petition for issuance of writ of Mandamus to direct the first respondent to cancel the order of confirmation issued in favour of the 2 nd respondent and consequently issue an order of confirmation in favour of the petitioner in respect of collection of fee from the buses in Nehruji Bus Stand, Chinnamannur, Theni District.

2. Pursuant to the orders passed by this Court in W.P.(MD)No.1719 of 2015, dated 18.02.2015, fresh auction was conduced by the respondent Municipality and in the fresh auction, the second respondent has been declared as highest bidder and work order has been issued. The petitioner has challenged the same in this writ petition stating that much higher amount would have been secured by the first respondent, if proper auction had been conducted. The fact remains that the petitioner did not participate in the fresh auction conducted on 20.02.2015. The petitioner does not have any locus standi to challenge the order of confirmation in favour of the second respondent. Further more, the work order has already been issued in favour of the second respondent.

3. The writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(AS) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To The Commissioner, Chinnamannur Municipality, Chinnamannur, Theni Disstrict.

+1CC to M/s.T.Antony Arulraj, Advocate in SR.25378 W.P.(MD)No.8189 of 2015 and M.P.(MD).No.1 of 2015 14.05.2015 rj2/trp PBK/KBM 20/05/2015 ::2P-3C: (IT) https://hcservices.ecourts.gov.in/hcservices/