Madras High Court
K.P.Rajagopal vs The Commissioner on 7 January, 2015
Author: B.Rajendran
Bench: B.Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2015 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.21391 of 2014 and M.P.(MD) No.1 of 2014 K.P.Rajagopal : Petitioner Vs. The Commissioner, Kovilpatti Minicipality, Kovilpatti. : Respondent PRAYER Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned Auction/Tender notification dated 08.12.2014 issued by the respondent and quash the same as illegal and subsequently comply the order of the Honourable Court in W.P.No.4684 of 2013 dated 15.04.2013. !For Petitioner : Mr.P.Subbaraj *** :ORDER
This Writ Petition has been filed challenging the impugned Auction/Tender notification dated 08.12.2014 issued by the respondent and consequently directing the respondent to consider the representation dated 22.12.2014 made by the petitioner.
2.The learned counsel for the petitioner submitted that the petitioner is a licence holder to maintain the latrine situated at Kovilpatti Municipality Anna Bus Stand Part II for the period from 01.04.2012 to 31.03.2015. While so, vide proceedings dated 11.03.2013 the respondent had directed the petitioner to hand over the key of the latrine as they are going to demolish the entire bus stand and to build a new shopping complex. Earlier, the petitioner filed a writ petition in W.P.(MD) No.4684 of 2013 and the same was disposed of by this Court on 15.04.2013 by directing the petitioner to hand over the vacant possession of the building by 14.05.2013 and also directed the Municipality to demolish the old building as per the undertaking given by them. But, according to the petitioner, the respondent sought extension of time by filing Miscellaneous Petition in W.P.(MD)No.4684 of 2013 for completion of the construction. While so, the respondent had issued the present impugned auction/tender notification which is totally wrong.
3.The only grievance of the petitioner is that when the respondent had sought for extension of time and when they have taken over the possession from the petitioner even before the expiry of the license period, the present impugned auction/tender notification issued by the respondent is not correct.
4.A careful reading of the earlier order of this Court would very clearly indicate that the petitioner himself agreed to vacate and handover the possession on or before 14.05.2013 and pursuant to the same, he vacated and handed over the possession. Further, in the application filed by the respondent seeking extension of time, the respondent has categorically stated that so as to avoid the danger to the public, the Municipality has commenced the demolition of the dilapidated building on 15.05.2013 and the said work will be completed within a period of three months. The respondent has also sought necessary approval from the Government and financial assistance from the Tamil Nadu Urban Infrastructure Development and Renewal Fund (TUFIDCO) for construction of the above shopping complex. In the meanwhile, the present impugned auction/tender notification has been issued in respect of various categories of work in the bus stand. Therefore, the petitioner cannot have any grievance at this point of time insofar as the auction/tender notification is concerned. The petitioner is also at liberty to participate in the auction/tender and nothing will prevent him from participating in the auction/tender. In fact, in the earlier order itself liberty was given to the petitioner to initiate contempt proceedings if the respondent does not comply with order of this Court.
5.In the above said circumstances, the present Writ Petition is a premature one and the petitioner has not made out any case for stopping the auction/tender proceedings. Hence, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
07.01.2015 Index :Yes/No Internet :Yes/No srm To The Commissioner, Kovilpatti Minicipality, Kovilpatti.
B.RAJENDRAN, J srm W.P.(MD).No.21391 of 2014 07.01.2015