P. Pasumpon v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.24107& 24109 of 2024 P.Pasumpon ... Petitioner Vs.

1.The Secretary to Government, Municipal Administration Water Supply Department, Secretariat, Chennai - 9.

2.The Director, Directorate of Municipal Administration, MRC Nagar, Santhome, Chennai - 28.

3.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to permit the petitioner to continue the license until proper auction is conducted in respect of Madurai Mattuthavani Central Market Parking Stand License. 1/6

For Petitioner : Mr.R.Murali For Respondents : Mr.S.Kameswaran (R1 & R2) Government Advocate Ms.S.Devasena (R3) Standing Counsel

ORDER

This writ petition came to be filed seeking for a direction to the respondents to permit the petitioner to continue the license until proper auction is conducted in respect of Madurai Mattuthavani Central Market Parking Stand.

2. Mr.S.Kameswaran, learned Government Advocate takes notice for the first and second respondents and Ms.S.Devasena, learned Standing Counsel takes notice for the third respondent.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

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5. The petitioner is holding current licence for Madurai Maatuthaavani Central Market parking stand and his licence period expired on 30.09.2024. Fresh tender notification has already been called for on 25.11.2024, for the tender which is scheduled to be conducted on 11.12.2024.

6. The learned counsel appearing for the petitioner requested the Corporation to consider his demand of equity and to extend the licence period till the tender is finalized, for which he had pointed out that the petitioner's security deposit of Rs.17,00,000/- is pending with the Corporation, so that they can adjust on pro rata basis.

7. The learned standing counsel appearing for the third respondent submitted that the said exercise is not possible. The Corporation do not want to extend the licence of the petitioner any further and the petitioner ought to have vacated the premises promptly on 30.09.2024, on the date on which the licence of the petitioner expired.

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8. Recording the above, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

27.11.2024 NCC : Yes / No Index : Yes / No sm 4/6

TO:- 1.The Secretary to Government, Municipal Administration Water Supply Department, Secretariat, Chennai - 9.

2.The Director, Directorate of Municipal Administration, MRC Nagar, Santhome, Chennai - 28.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 27.11.2024 6/6