K M MEERAN MOHIDEEN Vs. SECRETARY TO THE GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner was a successful bidder in the auction held for the year 2009-2010 in respect of collection of toll fee in the daily vegetable market and cattle market situate at Nethaji Road at Melapayalam and he was granted licence from 12.05.2009 to 31.03.2010. According to the petitioner, the auction was called for two items and he was the successful bidder for both the items and he was granted licence for collection of fee from the vegetable sellers on the road side and shop keepers in the vegetable market. Originally, for local bodies tender was called for one year and the authorities found it difficult to conduct tender-cum-auction every year and therefore, after much deliberation, G.O.Ms.No.181, dated 19.09.2008 was issued, directing all local bodies to conduct tender and auction for a block period of three years from 2009-2010 subject to certain conditions stated therein. The said G.O. was specifically made applicable only to the Municipalities and Panchayats and it was not made applicable to the Corporations. Though, the said G.O. was not made applicable to Corporations, some of the Corporations have granted licence and lease for three years from 2009-2010 onwards and some of the prospective bidders also approached this Court and this Court has also directed the local bodies and Corporations to grant lease or licence for three years as stated in the G.O.Ms.No.181, dated 19.09.2008.

(3.) According to the petitioner, all the Corporations accepted the G.O.Ms.No.181, but the 2nd respondent Corporation called for tender only for a period of one year namely for the year 2009-2010. A doubt arose among the Corporation administration, whether G.O.Ms.No.181 is applicable to Municipal Corporation or not and to clarify the same, the Government issued G.O.Ms.No.78, dated 25.05.2009 extending the benefits of G.O.Ms.No.181 to all Municipal Corporations and in that G.O, it has been specifically stated that as per the request of the Director of Municipal Administration, the Corporations are also permitted to grant licence or lease for a period of three years from existing one year period to three years. It is further stated that the said G.O. namely G.O.Ms.No.78 shall apply only to the lease or licence taken for the year 2009- 2010 and it shall not apply to the existing licensee. It is further stated that in respect of existing licensee or lessee, they are governed by the terms and conditions mentioned in the lease or licence deed and only after the expiry of the date mentioned in those documents, the conditions mentioned in the G.O.Ms.No.78 shall be made applicable to those lessee or licensee.