P DURAIPANDI Vs. RAMANATHAPURAM MUNICIPAL CORPORATION

JUDGEMENT

(1.) In this writ appeal, the appellant challenges the order passed by the learned single Judge of this Court, dismissing the writ petition filed before this Court. In that writ petition, the following prayer was made :

(2.) It is an accepted fact that Ramanathapuram Municipality possesses and owns the area where the bus-stand is situate. It is called "Ramanathapuram Municipal Bus Stand". It was started about eight years ago. The Municipality has been auctioning the right to sell the flowers in the said bus-stand. It was the case of the petitioners that they were by tradition flower-sellers and because of the said contract having been given by way of a tender in favour of the 2nd respondent, their fundamental right under Art. 19(1)(g) of the Constitution to carry on the trade was impinged upon. The second limb of the petitioners' case is that if the said contract was given to the 2nd respondent, he might charge exorbitant fees for others like the petitioners to allow the sale of flowers. On that ground, it was contended that the petitioners would be deprived of their livelihood. On this backdrop, the contract was challenged.

(3.) It is an admitted fact that this writ petition came to be filed somewhere in the first week of March and the affidavit is stated to have been sworn on the 1st day of March, 2000 while, the contract was awarded on 28-2-2000. It is also an admitted position that the tender notice is dated 12-2-2000.