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Madras High CourtWP(MD)/26349/2022allowed

Prabhu.V v. The District Collector

2022-11-21Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.26349 of 2022 and W.M.P.(MD).No.20529 of 2022 V.Prabhu ... Petitioner vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Special Officer/ Deputy Director of Agriculture Department of Agriculture Marketing and Agri Business Ramanathapuram.

3.The Secretary, Ramanathapuram Market Committee, Ramanathapuram District.

4.The Superintendent, Regulated Market Committee, Ramanathapuram, Ramanathapuram District.

... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to hand over the allotted Shop No.2 in Regulated Market Committee Building, Ramanathapuram to the petitioner herein pursuant to the allotment list of shops published by the respondents 2 and 3 dated 30.09.2022 and as per the representation of the petitioner dated 07.11.2022 within a time frame fixed by this Court. For Petitioner : M/s.J.Anandhavalli For R1 to R4 : Mr.A.Kannan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to hand over the allotted Shop No.2 in Regulated Market Committee Building, Ramanathapuram to the petitioner, pursuant to the allotment list of shops published by the respondents 2 and 3, dated 30.09.2022 and as per the representation of the petitioner dated 07.11.2022.

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2. The case of the petitioner is that the second respondent has issued a tender notification in Dinamani Tamil Daily on 18.09.2022, calling for application for leasing out 21 shops in the commercial complex situated in Latham's Bunglaw Road, Opposite to Government Hospital, Ramanathapuram. The petitioner has applied for Shop No.2 in the ground floor. Total number of applicants for Shop No.2 is 24 and the petitioner is the highest bidder for Shop No.2. The second respondent has published the allotment list for the shops and Shop No.2 was allotted to the petitioner. But still the shop was not handed over to him, as per the allotment list. Hence, the petitioner has made a representation to the respondents 1 to 3 on 07.11.2022, to hand over the allotted shop No.2 to him. Since the said representation has not been considered, the petitioner has filed the present writ petition.

3. Heard M/s. J.Anandhavalli, learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader appearing for the respondents.

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4. Considering the above facts, this Court directs the respondents 2 and 3 to consider the petitioner's representation dated 07.11.2022 and pass appropriate orders, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 21.11.2022 Index:Yes/No Internet:Yes/No akv To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Special Officer/ Deputy Director of Agriculture Department of Agriculture Marketing and Agri Business Ramanathapuram.

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3.The Secretary, Ramanathapuram Market Committee, Ramanathapuram District.

4.The Superintendent, Regulated Market Committee, Ramanathapuram, Ramanathapuram District.

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V.BHAVANI SUBBAROYAN,J.

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