Thavamani .M v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Thavamani ... Petitioner Vs.

The Commissioner, Madurai Corporation, Municipal Corporation Building, Aringar Anna Maligai, Tallakulam, Madurai-625 002.

... Respondent PRAYER: Writ Petition 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 invitation for Bids in Ref:E2/0034702023, dated 06.04.2023 on the file of the respondent and quash the same as illegal and consequently, to direct the respondent to revise the allotment of the existing shops in Mattuthavani Vetable Market in Ward No.23, within a time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondent : Mr.K.Sivabalan 1/6

O R D E R

********** (Order of the Court was made by M.DHANDAPANI,J) This Writ Petition has been filed to quash the invitation of bids in Ref:/E2/0034702023, dated 06.04.2023 by the respondent and to direct the respondent to revise the allotment of the existing shops in Mattuthavani Vegetable Market in Ward No.23.

2.The learned counsel for the petitioner would submit that the petitioner is the president of Pasumpon Muthuramalinga Thevar Naal Angadi Mettuppaguthi Tharaikadai Kaikarikal Motham, Sillarai Viyabarikal Nalasangam registered under the Societies Registration Act. While shifting the vegetable market to a newly built market, there were some problems and the respondent Corporation had promised to sort out the same soon. Whereas, the respondent corporation issued the impugned notification for bids for constructing onion markets in Ward No.23 without mentioning the place, where the same is going to be constructed. Challenging the same, the present writ petition has been filed.

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3.The learned counsel for the petitioner submitted that the present writ petition is filed only on the ground that without specifying the place, in which the onion market is going to be constructed in the Mattuthavani vegetable market and without mentioning the alternative remedy to the persons like petitioner for continuing the business. 4.This Court on an earlier occasion issued a direction to the respondent to get instructions.

5.Today, when the matter is taken up for hearing, the learned Standing Counsel for the respondent Corporation filed a report mentioning the place, in which the respondent Corporation is proposed to construct the onion market to the extent of 72075.43 sq.ft by demolishing the old floor shops situated in Block Nos.IV and V to the extent of 88302.91 sq.ft.

6.The first grievance expressed by the petitioner is ventilated by the respondent corporation. With regard to the second grievance, it is open to the petitioner to approach the authorities concerned. 3/6

7.With the above said liberty, this Writ Petition is dismissed. No costs.

[M.D.I.,J.] [R.V.,J.] 05.05.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No rmi/ta 4/6

To The Commissioner, Madurai Corporation, Municipal Corporation Building, Aringar Anna Maligai, Tallakulam, Madurai-625 002.

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M.DHANDAPANI, J.

AND R.VIJAYAKUMAR, J.

rmi/ta 0RDER MADE IN 05.05.2023 6/6