S AMUTHAVALLI Vs. COMMISSIONER OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) Heard both sides.

(2.) The second respondent issued tender notification on 23.02.2009 for collecting the charges from the various vehicles and persons coming to Gandhi Vegetable Market, Dindugul for a period from 01.4.2009 to 31.12.2010. The public auction was held on 12.03.2009 and in that auction, the petitioner, the 3rd respondent and another person participated. The petitioner was represented by her husband Sakthivel, who is also her power agent and he offered Rs.9,00,000/- as bid amount and the 3rd respondent offered 9,01,000/- The other person viz., A.James offered Rs.5,95,000/-. As the 2nd respondent felt that the offers made by the petitioner and the 3rd respondent were very low and therefore, requested the petitioner and the 3rd respondent to raise their offer and also directed the petitioner and the 3rd respondent to deposit another sum of Rs.10 lacs towards deposit. As per the demand of the 2nd respondent, the petitioner deposited Rs.10 lacs as additional amount and the 3rd respondent did not deposit the additional amount of Rs.10 lacs. Thereafter, the 2nd respondent cancelled the auction proceedings held on 12.03.2009 and re-fixed the date for re-auction on 20.03.2009.

(3.) Meanwhile, the 3rd respondent filed a suit O.S.No.82 of 2009 before the Additional Sub Court, Dindugul against the act of the 2nd respondent in calling for re-auction and prayed for declaration that the re-tender notification is illegal, the cancellation of the auction that took place on 12.03.2009 is illegal and void and for mandatory injunction, directing the 2nd respondent to confirm the auction in his favour. The learned Sub Judge also passed an order of injunction from conducting re-auction.