Murugan, S/O.Narayanasamy v. The Commissioner Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2018
CORAM:
THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH and THE HONOURABLE Mr. JUSTICE N.SATHISH KUMAR W.P.(MD)No.10333 of 2017 and W.M.P.(MD)Nos.7956 and 7957 of 2017 Murugan ... Petitioner Vs.
1.The Commissioner of Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, Tiruchirappalli District, Tiruchirappalli.
3.The Regional Director of Municipal Administration, No.1 AYA, Nadar Street, Near Kodimarathu Moolai, Thanjavur 613 008.
4.The Special Officer / The Municipal Commissioner, Manapparai Municipality, Manapparai, Tiruchirappalli District.
5.T.Balraj 6.R.A.Murugesan 7.L.Prabhakaran 8.P.Kumar 9.R.C.Rajendran 10.S.Sakthivel 11.S.Irunnisa 12.Sankar 13.P.Kannan 14.Surendran 15.Karthikeyan Manikandan 16.N.K.Krishnamoorthy 17.P.Ponrajagopal 18.Baskaran 19.T.SureshKumar 20.M.C.P.Anandhan 21.M.Mala
22.M.Ayupkhan 23.S.Palanichamy 24.M.Antony David Raja 25.A.Shanmugam 26.V.P.Arumugaperumal 27.M.Nasan Mohammed (R5 to R25 suo motu impleaded vide court order dated 08.08.2017) (R26 & R27 suo motu impleaded vide court order dated 28.08.2017) ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent passed in Na.Ka.No.744/2016/A2, dated 28.04.2017 published in the Tamil Daily 'Dhina Thanthi' dated 29.04.2017 with respect to the public auction cum tender notification issued by the 4th respondent for 8 items and quash the notification dated 28.04.2017 and direct the 4th respondent to issue fresh notification with specific terms and conditions and conduct re-auction with respect to all 8 items published in the notification dated 28.04.2017.
For Petitioner : Mr.T.M.Madasamy For Respondent :Mr.N.Shanmugaselvan, AGP for R1 to 3 Mr.J.Lawrance for R4 Mr.R.J.Karthick for R5 to R9, R14, R18 to R21 R24 and R25 Ms.I.Dinesh Deepa for R10 & R12 No appearance : RR 13,16,17,23,26 and 27 Mr.D.Kirubakaran for R15 Tapal returned for R22
ORDER
(Order of the Court was made by M.M.SUNDRESH,J.) The petitioner, who is the erstwhile member of the local body, has come forward with the present Writ petition, challenging the tender proceedings.
2.We are of the view that the Writ petition itself is not maintainable. Since confirmation of tender has already been taken place, nothing survives for adjudication. In pursuant to the confirmation, all the licencees have occupied the shops. 3.The learned counsel for the respondents submitted that the allotment order itself is valid only for 3 years. Further, the subject matter of the tender notification is only for 3 years and
thereafter, a fresh tender will be called for. The said statement is recorded. Accordingly, this Writ petition is dismissed. No costs. Consequently, connected W.M.Ps.are closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Commissioner of Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, Tiruchirappalli District, Tiruchirappalli.
3.The Regional Director of Municipal Administration, No.1 AYA, Nadar Street, Near Kodimarathu Moolai, Thanjavur 613 008.
4.The Special Officer / The Municipal Commissioner, Manapparai Municipality, Manapparai, Tiruchirappalli District.
• + 1 CC TO M/S.L.DINESHDEEPA , ADVOCATE IN SR No.82909. + 1 CC TO Mr.B.SARAVANAN , ADVOCATE IN SR No. 82891. • + 1 CC TO Mr.R.J.KARTHICK , ADVOCATE IN SR No.82707. • + 1 CC TO Mr.J.LAWRANCE , ADVOCATE IN SR No.82472. • + 1 CC TO Mr.T.M.MADASAMY , ADVOCATE IN SR No.82910. NBJ • DS RSK SAR-4 12.10.2018 3P/10C W.P.(MD)No.10333 of 2017 05.09.2018