A KRISHNAMURTHY Vs. COMMISSIONER PALLAVARAM MUNICIPALITY

JUDGEMENT

(1.) Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records of the first respondent in Na.Ka.No.1783/10/E1 dated 31.5.2010 and quash the same.

(2.) The brief facts of the case is as follows:- Petitioner is the Councillor of Ward No.19 in Pallavaram Municipality. He belongs to AIADMK Party. In the meeting held on 29.4.2010, among other issues, it was decided to expand the Pallavaram Bus Stand. In the meeting, it was recorded that after obtaining the permission from the National Highways Authorities, the work will be taken up. The petitioner's grievance is that the Municipality has issued the tender notification dated 31.5.2010 without getting the permission/clearance of the National Highways Authorities for the proposed expansion of the bus stand. The work of the expansion of the bus stand by putting up a new construction without the permission of the National Highways Authorities will be in violation of the National Highways Act, 1956 (Act 48 of 1956) (hereinafter referred to as "the Act"). After completion of the new bus stand, if the National Highways Authorities initiate action as per law, then it will result in a loss of huge public money. The writ petition has been filed to stop the first respondent Municipality from wasting public money for the purpose of construction and expansion of the bus stand at Pallavaram. It is the plea of the petitioner that the construction is illegal and is likely to be removed by the National Highways Authorities. The tender notification is, therefore, bad and contrary to the resolution of the council. Hence, the present writ petition has been filed challenging the tender notification.

(3.) At the time of admission on 18.6.2010, interim order was passed as follows:- "auction can proceed with and the same shall not be confirmed until further orders from this Court".