← Library
Madras High CourtWA(MD)/1563/2016dismissed

H.Harimurugesan, v. The Joint Commissioner, Of Hr

2016-12-01Honourable The Chief Justice,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.A.(MD).Nos. 1563 and 1564 of 2016 and CMP No.11558 of 2016 and WP(MD)No.12988 of 2016 and WP(MD)No.19432 of 2016 H.Harimurugesan : Appellant in both appeals Vs.

1. The Joint Commissioner of HR & CE Hindu Religious and Charitable Endowment O/o. Joint Commissioner of HR & CE Muthuchamy Nagar, Sivagangai to Thirupathur Road Sivagangai Town and Taluk Sivagangai District

2. The Assistant Commissioner of HR &CE Hindu Religious and Charitable Endowment Anjumuku Road, Ramanathapuram Main Road, Paramakudi Town Ramanathapuram District

3. The Executive Officer, Sri Koppudayanayagiamman Thirukovil Karaikudi, Sivagangai

4. G.Selvi Executive Officer, Sri Koppudayanayagiamman Thirukovil Karaikudi, Sivagangai

5. P.Sakthivel : Respondents in both appeals PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent against the Order dated 23.11.2016 made in W.P.(MD).Nos. 12988 and 19432 of 2016 on the file of this Court.

Prayer in WP(MD).12988/2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration to declare the Tender cum Public Auction pertaining to the License for collecting fees in Weekly Market belonging to 3rd Respondent Temple in Survey No.227/1 for the Fasli year 1426 conducted on 20.07.2016 by the Respondent No.3 as null and void and for a direction, directing the Respondents to conduct retender / public auction pertaining to the License for collecting fees in Weekly Market belonging to 3rd Respondent Temple in Survey No.227/1 for the Fasli Year 1426 within the time period stipulated by this Honble Court.

Prayer in WP(MD).19432/2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified mandamus to call for the records pertaining to the Impugned ReTender Notification dated 12.07.2016 along with additional tender condition dated 18.07.2016 on the file of the Respondent No.3 and the consequential impugned order dated 23.07.2016 on the file of the Respondent No.2 and quash the same as illegal and consequently for a direction directing the respondents to conduct retender/public auction pertaining to the License for collecting fees in weekly Market belonging to the third respondent in Survey No.227/1 for the Fasli Year 1426 within the time period stipulated by this Hon'ble Court.

For Appellant : Mr.Veera Kathiravan senior counsel for Mr.V.Sri Balaji For Respondents : Mr.M.Govindan Special Government Pleader for R1 & 2 Mr.V.R.Shanmuganathan for R3 COMMON JUDGMENT [Judgment of the Court was delivered by The Hon'ble The Chief Justice] We have heard the learned counsel for the parties.

2. It is agreed that the appeals may be disposed of in the following terms:

(i) The 5th respondent will deposit a total sum of Rs.45 lakhs within seven days from today, excluding the amount already deposited, ie. Rs.23 lakhs ;

(ii) On the basis of the aforesaid, fresh auction will be held with an upset price of Rs.45 lakhs ;

(iii) In case, the amount aforesaid is not deposited, the earnest money of the 5th respondent shall stand forfeited ; (iv) In the fresh auction, the amount deposited by the appellant will be treated as a deposit against the auction. (v) In case, in the fresh auction, the appellant is not successful in his bid, then the amount deposited by the appellant will be refunded on a pro-rata basis.

3. The writ appeals are, accordingly, disposed of. No costs. Consequently connected Miscellaneous Petition is closed. Sd/ Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To

1. The Joint Commissioner of HR & CE, Hindu Religious and Charitable Endowment, O/o. Joint Commissioner of HR & CE, Muthuchamy Nagar, Sivagangai to Thirupathur Road, Sivagangai Town and Taluk, Sivagangai District.

2. The Assistant Commissioner of HR &CE, Hindu Religious and Charitable Endowment, Anjumuku Road, Ramanathapuram Main Road, Paramakudi Town, Ramanathapuram District.

3. The Executive Officer, Sri Koppudayanayagiamman Thirukovil Karaikudi, Sivagangai.

+1cc to Special Government Pleader in SR.No.78964. +1cc to M/s.T.Lajapathi Roy, Advocate, in SR No.78655. +1cc to M/s.VR.Shanmuganathan, Advocate, in SR No.78582. +2cc to M/s.Vas Law Associates, Advocate, in SR No.74840. JUDGMENT MADE IN W.A(MD) Nos.1563 and 1564 of 2016 CMP No.11558 of 2016 Dated: 01.12.2016 RR msm/km/sar3/05.12.16/p3/9c(IT)