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Madras High CourtWP(MD)/19596/2018disposed of

M.Chinnadurai, v. The Commissioner,

2022-03-17Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD).Nos.17382 and 17383 of 2018 M.Chinnadurai ... Petitioner Vs.

1.The Commissioner, HR&CE, 119, Uthamar Gandhi Salai, Nungambakam, Chennai.

2.The Joint Commissioner/Executive Officer, Arulmighu Subramaniya Swamy Thirukovil, 3.The Thakkar, Arulmighu Subramaniya Swamy Thirukovil, 4.The Superintendent of Police, Thoothukudi, Thoothukudi District.

5.The Inspector of Police, Thiruchendur Temple, Thiruchendur, Thoothukudi District.

6.Arulmighu Subramaniya Swamy Thirukovil Photography Nala Sangam, Rep by its President Manoharan, Thiruchendur Temple, 7.Arulmigu Subramanya Swamy Thirukoil Valaga Anaithu Siru Vyaparigal Sangam, Rep by its Secretary Mani Thiruchendur Temple, Thiruchendur 1/3

8.The Deputy Superintendent of Police, Thiruchendur Division,

...Respondents

(R8 is impleaded vide Court order dated 25.09.2018 in W.M.P(MD).No.18001 of 2018) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the second and third respondents to implement terms of tender dated 02.05.2018 in Na.Ka.No.2808/2018/E2 by permitting petitioner to collect licence fee from all small street vendors selling eateries, vending coffee/tea, photographers as per order of the second respondent, dated 19.07.2018 in Na.Ka.No.2808/2018/E2 by taking appropriate action against the 6th and 7th respondents based on representation of the petitioner dated 05.09.2018. For Petitioner : No Appearance For R1, R4, R5, R8 : Mr.P.Subbaraj Special Government Pleader For R2 & R3 : Mr.M.Muthugeethayan For R6 & R7 : No Appearance

ORDER

There is no representation on behalf of the petitioner.

2. The learned counsel for the respondents 2 and 3 submits that the tender awarded to the petitioner on 19.07.2018, to collect licence fee from all small street vendors for selling eateries, vending coffee/tea, photographers has come to an end on 30.06.2019. The petitioner has sent a representation, dated 3.12.2021 and requested for refund a sum of Rs,2,00,000/- paid by the petitioner towards security deposit. Since the tender period itself is over, nothing survives in this writ petition for further adjudication.

3. Considering the same, I am inclined to dispose the writ petition by directing the second and third respondents to consider petitioner's representation, dated 03.12.2021 for refund of the security deposit within a period of eight weeks from the date of receipt of copy of this order. It is needless to state before passing such order, the petitioner shall also be called for a hearing. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(AD I) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) 2/3

sn To 1.The Commissioner, HR&CE, 119, Uthamar Gandhi Salai, Nungambakam, Chennai.

2.The Joint Commissioner/Executive Officer, Arulmighu Subramaniya Swamy Thirukovil, 3.The Thakkar, Arulmighu Subramaniya Swamy Thirukovil, 4.The Superintendent of Police, Thoothukudi, Thoothukudi District.

5.The Inspector of Police, Thiruchendur Temple, Thiruchendur, Thoothukudi District.

6.The Deputy Superintendent of Police, Thiruchendur Division, 7 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.MUTHU GEETHAYAN, Advocate ( SR-12801[F] dated 17/03/2022 ) +1 CC to M/s.SPL GP ( SR-12969[F] dated 18/03/2022 ) 17.03.2022 MK/30.03.2022/3P/10C 3/3