Madras High Court
I.Sundarraj vs The Commissioner on 13 September, 2022
W.P(MD)No.7884 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD).No.7884 of 2013
and
M.P(MD).No.1 of 2013
I.Sundarraj,
: Petitioner
Vs
The Commissioner,
Srivilliputhur Municipality,
Srivilliputhur,
Virudhunagar District.
: Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari and call for the records in
respect of proceedings in Na.Ka.No. 5630/2010/A5 dated 10.04.2013 issued
by the second respondent and quash the same as arbitrary, illegal and void.
For Petitioner : Mrs.P.Malini
For Respondent : Mr.J.Parekh Kumar
1/4
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7884 of 2013
ORDER
The present writ petition has been filed challenging the order passed by
the respondent herein, under which, the licence granted to the petitioner was
cancelled and the petitioner was black listed for an indefinite period.
2.According to the learned Counsel appearing for the petitioner, the
petitioner was a successful bidder for collecting the parking charges in the
two-wheeler parking area belonging to the Ulavar Sandhai and Government
Hospital, Srivilliputhur. However, since the petitioner had violated the
general conditions imposed in the licence, the said licence was cancelled
under the impugned order dated 10.04.2013. Apart from cancelling the said
licence, the petitioner was also black listed for an indefinite period from
participating in any future auction. The said order is under challenged in the
writ petition.
3.The original licence is valid for a period of three years. The said
period has already expired. Hence, the order cancelling the licence cannot be
interfered with. However, no contractor/successful bidder in an auction can
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7884 of 2013
be black listed for an indefinite period.
4.In view of the judgment of the Hon'ble Supreme Court reported in
2022 LiveLaw (SC) 694, dated 16.08.2022, this Court is of the view that at
the maximum, the black listing can be only for a period of five years. In view
of the efflux of time, the said period of five years has already expired. Hence
the petitioner is entitled to participate in any future tender/auction conducted
by the respondent. The black listing of the petitioner over the said period of
five years, shall not be a disqualification for participating in the future
tenders/auctions.
5.With the above observations, this writ petition stands allowed to the
extent as stated above. No costs. Consequently, connected miscellaneous
petition is closed.
13.09.2022
Index : Yes / No
Internet : Yes/ No
lr
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7884 of 2013
R.VIJAYAKUMAR, J.
lr
To
The Commissioner,
Srivilliputhur Municipality,
Srivilliputhur,
Virudhunagar District.
W.P(MD).No.7884 of 2013
13.09.2022
https://www.mhc.tn.gov.in/judis
