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8.Continuing further, the Learned Government Advocate (Crl.Side) appearing for the respondent proceeds to project an argument that the petitioner filed Crl.O.P.(MD)No.17353 of 2015 to register a case and that a preliminary enquiry was registered in Madurai Vigilance and Anti-Corruption Detachment in PE 326/2015/PWD/MU, dated 08.09.2015 and the said conduct of preliminary enquiry reveal the following facts:

?1) It is submitted that as per Official Memorandum of the Registrar (Administration), High Court, Madras in Roc.No.3387/04/D4, dated 20.12.2004 and the Proceedings Order in ROC.No.9173/2004 of the Principal District Judge, Madurai, the Aavin authorities were permitted to running a milk booth in the premises of Madurai District Court since February 2005, with conditions. The permission was accorded only one year, further it may be renewed by Aavin authorities every year. Further, with proper permission obtained from District Principal Judge, the Aavin authorities nominated this petitioner Tr.J.R.Suresh as a agent and permitted to run the same shop in Court premises since January 2006.

9.In effect, the stand of the respondent is that the preliminary enquiry conducted by the Inspector of Police V & AC Police, Madurai, dated 15.09.2015 revealed that there were no material evidence or corroborated witnesses to substantiate the bribery allegations levelled against one Mr.Kumarasamy, the Executive Engineer, Public Works Department Building, C & M Division, Madurai. Consequently, it was recommended to drop further action against the petition of the petitioner.

10.In regard to the present case, it is to be relevantly pointed out that by means of official Memorandum of the Registrar (Administration) of High Court, Madras in ROC.No.3387/04/D4, dated 20.12.2004 and by way of proceedings of the Principal District Judge, Madurai in ROC.No.9173/2004, the permission was granted to Madurai Aavin Authority to run a Aavin Booth in the premises of Madurai District Court. The said Aavin Booth was inaugurated in the Court campus on 25.02.2006.

11.Further, on 04.01.2006, the Aavin Authority, obtained permission from the Principal District Judge, Madurai and nominated the petitioner (J.R.Suresh) to run the Aavin Milk Stall as per the order issued in C.No.70/Marketing-1/05, dated 04.01.2006. In respect of the period from 01.01.2006 to 31.12.2007 an agreement between the petitioner (J.R.Suresh) and the Executive Engineer, Public Works Department, Madurai to run the Aavin Mill Booth, for a period of two years, was entered into. Also, for the period from 01.01.2008 to 31.12.2010, an agreement between the petitioner (Suresh) and Executive Engineer, PWD, Madurai to run the Aavin Milk Both was entered into. By means of a communication dated 28.03.2008 in ROC.No.1402-C/2007/04 of the Registrar (Management) of Madras High Court, directions were issued to all the Principal District Judges of the Districts to inform that the P.W.D. Authorities in the respective Districts are to conduct Public auction in future for running Tea shops, Canteen, Job Typing, Xerox shops, STD Booth, coin box or any other shops within the Court campus for each of the item for every year.

13.Apart from that, it transpires that on 23.09.2013, the Registrar (Management) of Madras High Court granted permission to the Principal District Judge, Madurai to conduct a Public Auction through P.W.D. for running the Aavin Milk Stall in the existing place within the District Court premises at Madurai for the year 2013-14 as per Official Memorandum in ROC.No.3945/2013/D4. On 27.09.2013, the Principal District Judge, Madurai requested the Executive Engineer, P.W.D., Madurai to take necessary action with regard to the conduct of Public Auction for running the Aavin Milk Stall for the year 2013-14. On 10.12.2013, the Assistant Engineer, Buildings (C&M), PWD, Vadipatty published Auction Notice in Letter No.19/2013/AE/V.