K.Kothandaraman, S/O.Kaliappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.17442 of 2016 and WMP(MD)No.12662 of 2016 K.Kothandaraman .. Petitioner Vs.

1.The District Collector, Collectorate Office, 2.The Block Development Officer, Block Development Office (Village Panchayat), Panchayat Union, Thoppapatti, 3.The President, Kallimanthayam Panchayat, Kallimanthayam Post, Ottanchatiram Taluk, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the 3rd respondent from allotting and approving the any panchayat shops at Kallimanthayam Panchayat, Ottanchathram Taluk, Dindigul District without the following proceedings of the 2nd respondent in his proceedings Na.Ka.No.1534/2016/B3 dated 31.08.2016. For petitioner ... Mr.R.Jegadeeswaran For Respondents ... Mr.M.Alagudevan Special Government Pleader

O R D E R

This writ of Mandamus has been filed forbearing the 3rd respondent from allotting and approving any panchayat shops at Kallimanthayam Panchayat, Ottanchathram Taluk, Dindigul

District without following the proceedings of the 2nd respondent spelling out the terms and conditions of tender, in his proceedings Na.Ka.No.1534/2016/B3, dated 31.08.2016. 2.Heard the learned counsel for the petitioner. Mr.M.Alagudevan, learned Special Government Pleader, takes notice for the respondents.

3.By the communication dated 08.09.2016, the petitioner has been advised to get back the tender deposit on the ground that the tender has been postponed.

4.It is represented that the notification does not intimate that the tender has been cancelled, but it only intimates that the tender has been postponed. That itself has caused apprehension in the mind of the petitioner that if the amount is returned, he would be prevented from participating in the tender. Under such circumstances, the representation dated 11.09.2016 has been given requesting transparency in conducting tender.

5.It is represented that the petitioner is not interested in getting back the deposit, and the petitioner must be in a position to participate in the tender at any point of time.

6.There is assurance that the respondents would conduct of the tender in accordance with the specifications noted in the order, dated 31.08.2016.

7.Recording the assurance on the part of the respondent, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar rj2 Note:

To 1.The District Collector, Collectorate Office,

2.The Block Development Officer, Block Development Office (Village Panchayat), Panchayat Union, Thoppapatti, 3.The President, Kallimanthayam Panchayat, Kallimanthayam Post, Ottanchatiram Taluk, +1CC to Mr.R.Jegadeeswaran, Advocate Sr.No.52435 GJM/SK/SKN/SAR-I-19.9.16-3p-5c Writ Petition (MD) No.17442 of 2016 15.09.2016