N.Govindaraju v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ N.Govindaraju ...

Petitioner -vs1.The District Collector Thanjavur District Thanjavur 2.The Commissioner Thanjavur City Municipal Corporation Office Gandhiji Road Thanjavur-613 001 Thanjavur District 3.The Divisional Engineer O/o.The Divisional Engineer National Highways 1st Floor, Panagal Building Thanjavur Thanjavur District

4.The Deputy Superintendent of Police Thanjavur City Keelavasal Thanjavur Thanjavur District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to pass suitable orders to float a public tender in respect of 300 Deepavali festival temporary seasonal shops in the arterial roads, near Old Bus Stand and also near the surrounding area of union club, within the limits of the Thanjavur City Municipal Corporation, by strictly following the procedures contemplated under the Tamilnadu Uraban Local Bodies Act, by considering the representation of the petitioner dated 06.10.2024 within a reasonable time as may be fixed by this Court. For Petitioner :

Mr.G.Aravinthan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R3 Mr.N.Dilip Kumar Standing Counsel for R2 Mr.S.Ravi Additional Public Prosecutor for R4

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE]

Prayer in the petition is to issue a writ of mandamus directing respondents to pass suitable orders to float a public tender in respect of 300 Deepavali festival temporary seasonal shops in the arterial roads, within the limits of Thanjavur City Municipal Corporation, by strictly following the procedures contemplated under the Tamil Nadu Uraban Local Bodies Act, 1998.

2. According to petitioner, respondent No.2 - Corporation has permitted temporary shops to be established for Deepavali festival, without following due process.

3. Shri N.Dilip Kumar, counsel appearing for Corporation, states that there is not even a proposal to permit setting up of temporary shops, let alone the Corporation permitting temporary shops to be set up. Counsel says, on the contrary, Corporation is in the process of removing of all shops following judicial orders.

4. In view of the statement made by counsel for respondent No.2, which statement is accepted, we dispose of the petition. There shall be no order

as to costs.

[K.R.SHRIRAM., C.J.] [MOHAMMED SHAFFIQ, J.] 28.10.2024 NCC : Yes / No Index : Yes / No krk To:

1.The District Collector, Thanjavur District, Thanjavur.

2.The Divisional Engineer, O/o.The Divisional Engineer, National Highways, 1st Floor, Panagal Building, Thanjavur, Thanjavur District.

3.The Deputy Superintendent of Police, Thanjavur City, Keelavasal, Thanjavur, Thanjavur District.

THE HON'BLE CHIEF JUSTICE and MOHAMMED SHAFFIQ, J.

krk

28.10.2024