Sathiya Seelan v. The Director Of Town Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.52 of 2025 Sathiya Seelan ... Petitioner Vs.

1. The Director of Town Panchayat, Directorate of Town Panchayat, Chennai.

2. The Executive Officer, Eral Special Grade Town Panchayat, Eral, Thoothukudi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to forebear the respondents from conducting fresh tender in respect of the petitioner's shop No.11, situated inside the Eral bus stand complex, Eral, Thoothukudi District and consequently, to direct the respondents to re-allot the above shop No.11 to the petitioner, after completion of modernization words in the Eral bus stand based on the petitioner's representation dated 11.11.2024.

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For Petitioner : Mr.S.Jeyakarthik For R-1 : Mr.D.S.Neduncheliyan For R-2 : Mr.C.Satheesh Government Advocate

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, to forebear the respondents from conducting fresh tender in respect of the petitioner's shop No.11, situated inside the Eral bus stand complex, Eral, Thoothukudi District and consequently, to direct the respondents to re-allot the above shop No.11 to the petitioner, after completion of modernization words in the Eral bus stand based on the petitioner's representation dated 11.11.2024."

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

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4. The learned Government Advocate appearing for the first respondent promptly circulated a letter addressed to the petitioner in which the Executive Officer of Eral Town Panchayat, has stated that with respect to the said allotments, are to conduct a fresh tender and it could be appreciated only in terms of the Tamil Nadu Municipalities Act, 1998.

5. Recording the same, this Court hereby direct the respondents to conduct a fresh tender in accordance with law. The petitioner is at liberty to participate in the same tender and till then the respondents are directed not to take any coercive action against the petitioner.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

06.01.2025 NCC : Yes / No Index : Yes / No jbr 3/4

L.VICTORIA GOWRI, J.

jbr TO:-

1. The Director of Town Panchayat, Directorate of Town Panchayat, Chennai.

2. The Executive Officer, Eral Special Grade Town Panchayat, Eral, Thoothukudi District.

Order made in Dated 06.01.2025 4/4