Citation : 2021 Latest Caselaw 11453 Mad
Judgement Date : 7 June, 2021
W.A.(MD)No.1144 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1144 of 2021
and
C.M.P.(MD)No.4946 of 2021
S.Murugan ... Appellant / Petitioner
Vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
(Presently Tenkasi District).
2.The Revenue Divisional Officer,
Tenkasi,
Tirunelveli District,
(Presently Tenkasi District).
3.Zonal Deputy Tahsildar,
Tenkasi,
Tirunelveli District,
(Presently Tenkasi District).
4.Coutralam Selection Grade Town Panchayat,
Rep. by its Executive Officer,
Coutralam,
Tirunelveli District,
(Presently Tenkasi District). ... Respondents / Respondents
https://www.mhc.tn.gov.in/judis/
1/5
W.A.(MD)No.1144 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 12.04.2016 in W.P.(MD)No.19346 of 2015 on the file
of this Court.
For Appellant : Mr.T.Lajapathy Roy
For Respondents 1 to 3 : Mr.R.Baskaran
Standing Counsel for Government
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.T.Lajapathi Roy, learned Counsel appearing for the
appellant and Mr.R.Baskaran, learned Standing Counsel for Government
appearing for the respondents 1 to 3.
2.This Writ Appeal by the writ petitioner is directed against the order
dated 12.04.2016 in W.P(MD)No.19346 of 2015.
3.The appellant filed the Writ Petition challenging the proceedings of
the fourth respondent dated 19.10.2015 by which the tender awarded in favour
of the appellant was cancelled.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1144 of 2021
4.When the Writ Petition was heard, the Court took note of the fact
that the period of license had come to an end on 31.03.2016. It was also
submitted that the appellant has to pay arrears to the tune of more than
Rs.8 lakhs.
5.The learned Writ Court, after taking note of these facts, dismissed
the Writ Petition with a direction that the arrears amount be recovered by taking
earnest steps. Pursuant to such direction, a demand notice has been issued in
favour of Mrs.Shenbagavalli, wife of the appellant, for recovery of more than
Rs.8 lakhs. Challenging those proceedings, Shenbagavalli filed
W.P(MD)No.4711 of 2020. The said Writ Petition was disposed of by an order
dated 05.03.2020, directing the parties to work out their remedy in the present
Appeal. If the petitioner or his wife is in arrears of licence fee or lease rent to
the fourth respondent/Selection Grade Town Panchyat, the same has to be
recovered at the earliest. However, before doing so, the fourth
respondent/Selection Grade Town Panchayat is directed to issue notice to the
defaulter whether it is the appellant or his wife and then proceed to recover the
money.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1144 of 2021
6.With the above observation, the Writ Appeal is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
[T.S.S., J.] & [S.A.I., J.]
07.06.2021
Index : Yes / No
Internet : Yes / No
PS/MR
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.
To
1.The District Collector Tirunelveli District, Tirunelveli.
(Presently Tenkasi District)
2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District (Presently Tenkasi District)
3.Zonal Deputy Tahsildar Tenkasi, Tirunelveli District, (Presently Tenkasi District)
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1144 of 2021
T.S.SIVAGNANAM, J.
AND S.ANANTHI, J.
PS/MR
JUDGMENT MADE IN W.A.(MD)No.1144 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
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