Madras High Court
The Commissioner Cum Special ... vs M.Ayyappan ... 1St on 2 September, 2021
W.A(MD)No.1683 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)No.1683 of 2021
and
C.M.P(MD)No.7228 of 2021
The Commissioner cum Special Officer,
Thanjavur Corporation,
Thanjavur. ... Appellant/3rd Respondent/
3rd Respondent
Vs.
1.M.Ayyappan ... 1st Respondent/Petitioner/
Writ Petitioner
2.The Secretary to Government,
Department to Municipal Administration and
Water Supply,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
3.The Director of Municipal Administration,
Chepauk,
Chennai – 600 005. ... Respondents 2 & 3/
Respondents 1 & 2/
Respondents 1 & 2
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W.A(MD)No.1683 of 2021
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.11962 of 2021 in W.P(MD)No.15012 of 2021 on the
file of this Court.
For Appellant : Mr.N.Dilip Kumar
For R – 1 : Mr.P.Vadivelu
For RR 2 & 3 : Mr.P.Thilak Kumar
Government Pleader
JUDGMENT
(Judgment of the Court was delivered by
M.DURAISWAMY,J.)
Challenging the interim order of stay passed in
W.M.P(MD)No.11962 of 2021 in W.P(MD)No.15012 of 2021, dated
23.08.2021, the first respondent in the Writ Petition has filed the
above Writ Appeal.
2.The first respondent filed the Writ Petition to issue a Writ of
Certiorarified Mandamus, to call for the records relating to the
impugned Public Auction-cum Tender notification in
Na.Ka.No.7485/2015/M.CA5 dated 27.07.2021 issued by the third
respondent as per Resolution No.207 dated 27.07.2021 and
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W.A(MD)No.1683 of 2021
published in Dinathanthi Tamil News Paper, Thanjavur dated
11.08.2021 in so far as petitioner's Shop No.23, C-Block Phase-II at
Sl.No.2 therein is concerned and consequently forbearing the
respondents, their officials, subordinates and their men from in any
manner interfering with the petitioner's possession and enjoyment
during subsistence of lease of Shop No.23, C-Block Phase-II, New
New Bus stand at the right entrance of North side of Thanjavur New
Bus Stand, Thanjavur District and to quash the same. The first
respondent also filed a Miscellaneous Petition in W.M.P(MD)No.
11962 of 2021 seeking for an order of interim stay of the impugned
notification issued by the third respondent dated 27.07.2021.
3.The contention of the first 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 impugned notification calling for tender/auction is
liable to be set aside.
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 first respondent should pay the license fee
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W.A(MD)No.1683 of 2021
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.
6.Mr.P.Vadivelu, learned counsel appearing for the first
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 first respondent / lessees were already
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W.A(MD)No.1683 of 2021
extended by order of renewal issued in the year 2021 till 2024.
Further, the learned 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,
however, they should not confirm the tender / auction till the
disposal of the Writ Petition in W.P(MD)No.15012 of 2021.
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W.A(MD)No.1683 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.]
02.09.2021
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.1683 of 2021
To
1.The Secretary to Government,
Department to Municipal Administration and
Water Supply, Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2.The Director of Municipal Administration,
Chepauk,
Chennai – 600 005.
3.The Commissioner cum Special Officer,
Thanjavur Municipal Corporation,
Thanjavur.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1683 of 2021
M.DURAISWAMY,J.
and
K.MURALI SHANKAR,J.
ps
W.A(MD)No.1683 of 2021
02.09.2021
https://www.mhc.tn.gov.in/judis/
