Ramani v. The Director Of Rural Development And Panchayat Raj,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.23697 of 2023 Ramani ... Petitioner Vs.
1.The Director of Rural Development and Panchayat Raj, Directorate of Rural Development and Panchayat Raj, Panagal Maligai, Abdul Razzak Street, Saidapet, Chennai - 600 015.
2.The District Collector, Thanjavur District, Thanjavur.
3.The Assistant Director of Panchayats, Collectorate Campus, Thanjavur Thanjavur District.
4.The Executive Officer, Thiruvaiyaru Selection Grade Town Panchayat, Thanjavur Road, Thiruvaiyaru Town and Taluk, Thanjavur District.
5.The Secretary, Thiruvaiyaru Selection Grade Town Panchayat, Thanjavur Road, Thiruvaiyaru Town and Taluk, Thanjavur District.
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6.R.Souri Rajaperumal, President, E.V.R.Market Anaithu Viyabarikal Sangam, Thanjavur Road, Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.
7.G.Chandrasekar, Secretary, E.V.R.Market Anaithu Viyabarikal Sangam, Thanjavur Road, Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.
8.S.Sankar, Treasurer, E.V.R.Market Anaithu Viyabarikal Sangam, Thanjavur Road, Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 to 5 either to consider the request of the petitioner to allot the same Shop No.B-1 at E.V.R. market building situate at Thanjavur Road, Thiruvaiyaru Taluk, Thanjavur District or allocation of shops after bringing the entire all shops newly constructed E.V.R. market building by conducting open tender cum public auction by following the Tamil Nadu Panchayats (Opening and maintenance of market) Rules 2000 and the Tamil Nadu Panchayats (Procedure for conducting public auction of lease and sale in the panchayats) Rules 2001. 2/6
For Petitioner : Mr.A.Saravanan For Respondents : Mr.M.Sidharthan, Addl. Government Pleader for R1 to R3.
Mr.M.Sarangan, Addl. Government Pleader for R4 & R5.
ORDER
Heard the learned counsel for the petitioner, Mr.M.Sidharthan, learned Additional Government Pleader for the respondents 1 to 3 and Mr.M.Sarangan, learned Additional Government Pleader for the respondents 4 and 5. Issuance of notice to the respondents 6 and 8 is dispensed with.
2.The petitioner was a licensee in one of the shops belonging to the fourth respondent / local body in Thiruvaiyaru market in Thanjavur District. The building had became dilapidated. The petitioner and other occupants had cooperated with the local body by vacating the shops. The building was demolished. The reconstruction work is nearing completion. The newly build shops will have to be handed over. 3/6
3.The learned Additional Government Pleader for the fourth respondent states that council of the local body will shortly meet and take a call in the matter. He states that there is a proposal to give preference to the original occupants.
4.When the local body is proposing to act in a transparent and open manner, I wondered as to why the petitioner approached this Court. 5.The learned counsel for the petitioner produced a copy of a format letter which indicates that the proposed allottees will have to approach the local body through the officer bearers of E.V.R.Market Anaithu Viyabarikal Sangam.
6.The learned Additional Government Pleader for the local body categorically stated that this allegation is not correct. 7.Be that as it may, I make it clear that the decision regarding allotment will have to finalized only by the local body and the local body will not associate any other private entity.
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8.With these observations and clarification, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
21.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Director of Rural Development and Panchayat Raj, Directorate of Rural Development and Panchayat Raj, Panagal Maligai, Abdul Razzak Street, Saidapet, Chennai - 600 015.
2.The District Collector, Thanjavur District, Thanjavur. 3.The Assistant Director of Panchayats, Collectorate Campus, Thanjavur Thanjavur District.
4.The Executive Officer, Thiruvaiyaru Selection Grade Town Panchayat, Thanjavur Road, Thiruvaiyaru Town and Taluk, Thanjavur District.
5.The Secretary, Thiruvaiyaru Selection Grade Town Panchayat, Thanjavur Road, Thiruvaiyaru Town and Taluk, Thanjavur District.
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G.R.SWAMINATHAN, J.
ias 21.11.2023 6/6