Madras High Court
M.Pandi Chandra vs The Commissioner on 22 October, 2021
W.A(MD)No.1956 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)No.1956 of 2021
and
C.M.P(MD)No.8808 of 2021
M.Pandi Chandra,
President,
Angala Eshwari Women's Self-Help Group,
Kodangi Lane,
Avaniyapuram,
Madurai – 625 012. ... Appellant/Petitioner
Vs.
The Commissioner,
Madurai Corporation,
Madurai. ... Respondent/Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order, dated 12.10.2021 made in W.P(MD)No.18712 of
2021 on the file of this Court.
For Appellant : Mr.D.Senthil
For Respondent : Ms.S.Devasana
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1/6
W.A(MD)No.1956 of 2021
JUDGMENT
(Judgment of the Court was delivered by
M.DURAISWAMY,J.)
Challenging the order passed in W.P(MD)No.18712 of 2021
dated 12.10.2021, the writ petitioner has filed the above Writ
Appeal.
2.The appellant has filed the Writ Petition to issue a Writ of
Certiorarified Mandamus, to call for the records pertaining to the
impugned E-Tender Notification of the respondent dated Nil in
respect of Serial No.6 and to quash the same and consequently
directing the respondent to permit the petitioner to run the pay and
use toilet situated near Sixteen Pillar Mandapam at
Thirupuramkundram vide proceedings, dated 21.01.2021.
3.By an order, dated 21.01.2021, the appellant was permitted
to maintain the pay and use toilet by the respondent for a period of
one year on a monthly rent of Rs.6,000/- (Rupees Six Thousand
Only). Though the said period would come to an end in the month of
January 2022, the respondent Corporation called for E-Tender.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1956 of 2021
4.It is the contention of the appellant that since the
respondent granted permission to her to maintain the pay and use
toilet for a period of one year from January, 2021, calling for
E-Tender even before the expiry of one year period is erroneous.
5.However, on a perusal of the order dated 21.01.2021 issued
in favour of the appellant by the respondent, it could be seen that
as per Clause 13, the respondent was given power to cancel the
agreement. Invoking the said provision, the respondent cancelled
the permission dated 21.01.2021 granted in favour of the appellant
and called for E-Tender. It cannot be contended that the respondent
is powerless to cancel the agreement.
6.When the appellant herself had agreed for the terms and
conditions stipulated in the order dated 21.01.2021, she cannot now
turn around and say that calling for E-Tender by the respondent is
erroneous. The respondent had acted as per the terms and
conditions of the order, dated 21.01.2021. The learned Single Judge
has rightly dismissed the Writ Petition.
7.In such view of the matter, we do not find any ground to
interfere with the order passed by the learned Single Judge.
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W.A(MD)No.1956 of 2021
Accordingly, the Writ Appeal is devoid of merits and the same is
dismissed. No costs. Consequently, connected Miscellaneous Petition
is closed.
[M.D.,J] [K.M.S.,J.]
22.10.2021
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.1956 of 2021
To
The Commissioner,
Madurai Corporation,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1956 of 2021
M.DURAISWAMY,J.
and
K.MURALI SHANKAR,J.
ps
W.A(MD)No.1956 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis/
