Madras High CourtWP(MD)/26616/2024dismissed

M.P.Seenivasagam v. The Executive Officer

2024-11-08Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.22578 and 22579 of 2024 M.P.Seenivasagam .. Petitioner Vs.

The Executive Officer, Arulmigu Nachiyar (Aandal) Temple, Srivilliputtur, Virudhunagar District.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records pertaining to the impugned tender notice in Notice No.Pasili 1434 dated 08.11.2024 issued by the respondent and quash the same as illegal and unconstitutional.

For Petitioner :

Mr.J.Vishnu For Respondent :

Mr.M.Kannan

ORDER

This writ petition has been filed challenging an auction notice dated 08.11.2024 on the primordial ground that the petitioner was a successful bidder in the earlier auction for a period from 01.07.2023 till 30.06.2024. However, due to the intervening circumstances viz., a prohibition that has been passed by the orders of the District Collector, Virudhunagar, he was not able to perform his part of the contract during the period from January, 2024 to June, 2024 and therefore, had pleaded that he should be allowed to continue for a further period of five months.

2. Mr.M.Kannan, learned counsel had placed on record a proceedings dated 04.11.2024 in Na.Ka.No.929/2023/A4, dated 04.11.2024, which has been addressed to the petitioner, which clearly indicates that the petitioner had been permitted to collect the toll fees till 29.11.2024, which would mean that his contract had been extended from 01.07.2024 to till 29.11.2024.

3. In such view of the matter, I am inclined not to entertain the writ petition, as the petitioner had already been permitted to operate beyond the period of contract till 29.11.2024. It is made clear that the petitioner will be entitled to make collection till 29.11.2024 and any contract pursuant to the tender notice impugned shall take effect from 01.10.2024.

4. With the aforesaid direction, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

08.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

K.KUMARESH BABU, J.

abr Dated: 08.11.2024