Madras High CourtWP(MD)/8810/2018closed

T.Gunasekaran v. The Director Of Municipal

2023-12-04Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 04.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.8810 of 2018 and WMP(MD)No.8245 of 2018 T.Gunasekaran ... Petitioner Vs 1.The Director of Municipal Administration, Chepauk, Chennai.

2.The District Collector, Tiruchirappalli District.

3.S.Kannanoor Town Panchayat, represented by its Executive Officer, Mannachanallur Taluk, Tiruchirappalli District.

4.N.Kumaran Executive Officer (in-charge), S.Kannanoor Town Panchayat, Mannachanallur Taluk, Tiruchirappali District.

5.The Special Officer, S.Kannanoor Town Panchayat, Mannachanallur Taluk, Tiruchirappalli District.

6.C.Rengaraju ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 to 3 to conduct the re-auction for Item No.1, Licence to Collect Vehicle Fee in the 3rd respondent's Town Panchayat, in Schedule -I of the Tender Notification, dated 12.01.2018 in Na.Ka.No.33/2018 A1 issued by the respondents 3 and 5.

For Petitioner : Mr.R.Subramanian For Respondent : Mr.G.Suriyananth Nos.1 to 5 Additional Govt.Pleader For Respondent : No appearance No.6

ORDER

The 3rd respondent has invited tender for collection of vehicle fee in the 3rd respondent panchayat in the year 2018-2019 through a notification dated 12.01.2018. The 6th respondent has quoted a sum of Rs.1.67 Crore and he was declared as the successful bidder. As per the tender notification the 6th respondent ought to have paid the tender amount within one day. However, he has not paid the amount and therefore, this petitioner has filed this 2/5

writ petition for a writ of mandamus for a direction to the 3rd respondent to conduct re-auction.

2.When this writ is taken up for hearing the learned Counsel appearing for the petitioner submits that relief sought for in this writ petition has become infructuous.

3.The learned Additional Government Pleader appearing for the respondents on instructions submits that it is true the 6th respondent has not paid the tender amount immediately. However, he has paid a sum of Rs.86,555/- on 27.03.2018 and paid the balance amount on 11.05.2018 and 14.05.2018.

4.Recording the submission made on either side, this writ petition stands closed. No costs. Consequently connected miscellaneous petition is closed.

04.12.2023 Internet : Yes / No DSK 3/5

To 1.The Director of Municipal Administration, Chepauk, Chennai.

2.The District Collector, Tiruchirappalli District.

3.The Executive Officer, S.Kannanoor Town Panchayat, Mannachanallur Taluk, Tiruchirappalli District.

4.The Special Officer, S.Kannanoor Town Panchayat, Mannachanallur Taluk, Tiruchirappalli District.

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B.PUGALENDHI, J.

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