Kannammal. S (Head) v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.Kannammal Sri Kannathal Women's Self Help Group, 15/w, Madurai Verran North Street, Bodinayakkanur, Theni District.

... Petitioner Vs.

1.The District Collector Theni District.

2.The Commissioner Bodinayakkanur Municipality, Theni District.

3.Revathi Sugamathi Women's Self Help Group, 13th Ward, Municipality Colony, Bodinayakkanur, Theni District.

... Respondents 1/5

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 and 2 to allot the Women's Public Toilet (for maintaining) situated at Old Ward No.9, New Ward No.15 in Bodinayakkanur Municipality, Theni District, Sri Kannathal Women's Self Help Group by considering the petitioner's representation dated 04.05.2023. For Petitioner : Mr.K.Dinesh For Respondents : Mr.J.Ashok, - for R1 Additional Government Pleader Mr.A.Kannan - for R2 Standing Counsel

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents particularly, the second respondent / Commissioner, Bodinayakkanur Municipality, Theni District, to allot Women Public Toilet at Old Ward No.9, New Ward No. 15 in Bodinayakkanur Municipality, Theni District, to the petitioner's Women Self Group for maintenance.

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2. At present, the third respondent's Women Self Group is maintaining the Women's Public Toilet.

3. It is stated by the learned Additional Government Pleader, who had taken notice on behalf of the first respondent and also by the learned Standing Counsel, who had taken notice on behalf of the second respondent that maintenance of the toilet would be done only after tender is issued and prospective tenderers' submit their bids and finally chosen. That process will have to be undergone. The petitioner cannot claim any vested right.

4. A direction is given to the second respondent to proceed in manner known to law in accordance with the provisions of the District Municipalities Act and with respect to aforementioned Women's Public toilet and take an appropriate decision while issuing tender notice. It is made clear that the third respondent must also put on notice and the petitioner must also be informed and let whoever is eligible also participate in the tender.

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5. With the above directions, this Writ Petition stands disposed of. No costs.

12.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM To 1.The District Collector Theni District.

2.The Commissioner Bodinayakkanur Municipality, Theni District.

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C.V.KARTHIKEYAN, J.

RM 12.06.2023 5/5