Kodi Chandrasekar v. The Dist. Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MRS.JUSTICE S.ANANTHI Kodi.Chandrasekar ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Block Development Officer, Panchayat Union Office, Thirumangalam, 3.The President, A.Kokkulam, Thirumangalam Panchayat Union, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents to initiate action to call for the open tender for auctioning 18 shops, situated at Chekkanoornai Bus Stand immediately, based on the petitioner's representation, dated 28.10.2020, within a stipulated time to be fixed by this Court. For Petitioner : Mr.K.K.Samy For R1 : Mr.K.P.Krishnadoss Special Government Pleader For R2 : Mr.Arjunan Government Advocate For R3 : Mr.K.Muthu Ganesa Pandian Standing Counsel * * * * * 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this Writ Petition for a direction to auction the licence for the shops belonging to respondents 2 and 3.

2.In the counter affidavit filed by the third respondent, it has been stated that the licence issued to the existing licensees, who are not parties before us, have been extended on 19.10.2020 even much prior to the alleged representation of the petitioner said to have been made on 28.10.2020.

3.In view of the above development, by which the licenses have already been extended, a third party right has crept in and therefore, the prayer as sought for is not feasible for consideration. However, we make it clear that after the expiry of the licenses, the shops have to be necessarily brought up for auction.

4.With the above observation, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar( ) //True copy// / /2021 Sub Assistant Registrar Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Collector, Madurai District, Madurai.

2. The Block Development Officer, Panchayat Union Office, Thirumangalam, 2/3

3. The President, A.Kokkulam, Thirumangalam Panchayat Union, +1 CC to THE SPECIAL GOVERNMENT PLEADER ( SR-2030[F] & SR-2034[F] dated 25/01/2021 ) +1 CC to Mr.K.K.SAMY, Advocate ( SR-2079[F] dated 25/01/2021 ) Order made in WP(MD)No.16454 of 2020 22.01.2021 SJ SRS/05.02.2021/3P/6C 3/3