Madras High CourtWP(MD)/19914/2013disposed of

T.S.G. Manickam v. The Commissioner

2017-02-02Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19914 of 2013 and M.P.(MD).Nos.1 & 2 of 2013 T.S.G.Manickam ... Petitioner vs.

1.The Commissioner Kumbakonam Municipality, Kumbakonam, Thanjavur District.

2.The Chairman, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining the resolution passed by the 2nd respondent in resolution No.322 dated 25.10.2013 in respect of 50 shops newly built as Anna Bus stand Kumbakonam, Thanjavur District and quash the same as illegal and arbitrary and consequently direct the 1st respondent to conduct a fresh tender cum auction by giving an advertisement through the News papers in respect of the 50 newly built shops built at Anna Bus Stand Kumbakonam, Thanajvur District and permit the petitioner to participate in the said tender cum auction based on the petitioner representation dated 11.11.2013.

For Petitioner : Mr.R.Boomirajan For Respondents : Mr.T.R.Janarthanam Additional Government Pleader

ORDER

According to the petitioner, in the Municipality Council meeting, it was resolved to conduct auction for 50 shops in Anna Bus Stand, Kumbakonam. The petitioner had participated in the auction for 10 shops and deposited a sum of Rs.3 lakhs along with solvency certificate. However, the respondents had postponed the auction indefinitely and hence, the petitioner filed the present writ petition.

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2.Though the writ petition was listed on several occasions, there are no instructions from the respondents. Nevertheless, the learned counsel for the petitioner submits that he had also given representation on 11.11.2013 and if a direction is given to consider the same, he would be satisfied. 3.Under such circumstances, the respondents are directed to consider the representation of the petitioner, dated 11.11.2013, on its own merit and pass orders and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

4.With the above observation, the writ petition stands disposed of. No costs. Consequently, M.P(MD)Nos.1 and 2 of 2013 are closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Commissioner Kumbakonam Municipality, Kumbakonam, Thanjavur District.

2.The Chairman, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

+1 cc to M/s.R.Boomirajan, Advocate in SR.No. 6442 sms CSL/CM-MSA/14.02.2017 : 2P/4C W.P.(MD)No.19914 of 2013 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/