Madras High Court
Thanjavur Municipal Corporation vs R.Ganesan on 26 August, 2021
W.A(MD)No.1618 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)No.1618 of 2021
and
C.M.P(MD)No.6982 of 2021
Thanjavur Municipal Corporation,
Rep. by its Commissioner cum
Special Officer,
Thanjavur. ... Appellant/Respondent/Respondent
Vs.
R.Ganesan ... Respondent/Respondent/
Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order, dated 23.08.2021 made in W.M.P(MD)No.11787
of 2021 in W.P(MD)No.14874 of 2021 on the file of this Court.
For Appellant : Mr.N.Dilip Kumar
For Respondent : Mr.M.Ajmal Khan
Senior Counsel
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1/6
W.A(MD)No.1618 of 2021
JUDGMENT
(Judgment of the Court was delivered by
M.DURAISWAMY,J.)
Challenging the interim order of stay passed in
W.M.P(MD)No.11787 of 2021 in W.P(MD)No.14874 of 2021, dated
23.08.2021, the respondent in the Writ Petition has filed the above
Writ Appeal.
2.The respondent filed the Writ Petition to issue a Writ of
Certiorari, to call for the records relating to the impugned
notification issued by the respondent dated 27.07.2021 published in
the Dhina Thanthi Daily on 11.08.2021 insofar as it relates to Shop
No.17, Phase II, New Corporation Bus stand, Thanjavur is
concerned and to quash the same. The respondent also filed a
Miscellaneous Petition in W.M.P(MD)No.11787 of 2021 seeking for
an order of interim stay of the impugned notification dated
27.07.2021.
3.The contention of the respondent before the learned Single
Judge was that the license granted in his favour was extended upto
2024 by a renewal order issued in the year 2021. Therefore the
notification calling for tender/auction is liable to be set aside.
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W.A(MD)No.1618 of 2021
4.The learned Single Judge, taking into consideration the
submissions made by the learned counsel on either side, granted an
order of interim stay for a period of two weeks subject to the
condition that the respondent should pay the license fee including
the enhanced license fee in case such licensee in terms of the
second term of three years extension. Further, the learned Single
Judge made it clear that the order of interim stay will not stand in
the way of the appellant Corporation initiating action in accordance
with law and the terms of the respective licenses with regard to any
breach of the terms thereof. Further, the learned Single Judge
granting two weeks time for filing counter-affidavit, directed the
matter to be listed on 06.09.2021. Challenging this order, the
Corporation has filed the above Writ Appeal.
5.Mr.N.Dilip Kumar, learned counsel appearing for the
appellant Corporation submitted that the appellant had already
commenced the tender process as well as auction on 25.08.2021 at
11.00 a.m. Therefore, the appellant may be permitted to accept the
tender from the prospective bidders and also to conduct the auction
otherwise the appellant would be put to prejudice and unnecessary
expenditure.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1618 of 2021
6.Mr.A.Ajmal Khan, learned Senior Counsel appearing for the
respondent submitted that the order of interim stay granted by the
learned Single Judge is perfectly right for the reason that the license
granted in favour of the respondent / lessees were already extended
by order of renewal issued in the year 2021 till 2024. Further, the
learned Senior Counsel submitted that when the appellant had
renewed the license till 2024, calling for tender / auction in respect
of the very same shop is erroneous.
7.After careful consideration of the materials available on
record and the submissions made by the learned counsel on either
side, since it is brought to the notice of this Court that the appellant
had already commenced the tender process and also conducted
auction in respect of the shops on 25.08.2021 at 11.00 a.m., we are
of the considered view that the impugned order of interim stay can
be modified to the extent permitting the appellant to receive the
tender and conduct auction in respect of the shops, however, they
should be prevented from confirming the tender or auction in favour
of any successful bidder till the learned Single Judge dispose of the
Writ Petition. Accordingly, we permit the appellant Corporation to
accept the tender and conduct auction in respect of the shops,
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W.A(MD)No.1618 of 2021
however, they should not confirm the tender / auction till the
disposal of the Writ Petition in W.P(MD)No.14874 of 2021.
8.With these observations, the Writ Appeal is disposed of.
9.The learned counsel appearing for the appellant Corporation
submitted that the appellant would file a vacate stay petition before
the learned Single Judge and contest the Writ Petition as early as
possible subject to the convenience of the learned Single Judge.
No costs. Consequently, connected Miscellaneous Petition is closed.
[M.D.,J] [K.M.S.,J.]
26.08.2021
Index :Yes/No
Internet :Yes/No
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1618 of 2021
M.DURAISWAMY,J.
and
K.MURALI SHANKAR,J.
ps
To
The Commissioner cum Special Officer,
Thanjavur Municipal Corporation,
Thanjavur.
W.A(MD)No.1618 of 2021
26.08.2021
https://www.mhc.tn.gov.in/judis/
