D.NARAYANAN Vs. COMMISSIONER CUDDALORE MUNICIPALITY

JUDGEMENT

(1.) The petitioner in W.P. No. 17466 of 2012 by name Nirmala was the licensee to collect the fees for Public Convenience at Cuddalore Bus stand for the period 2009-2012 and the said period came to an end on 31.3.2012. In respect of the said Public Convenience, the first respondent-Cuddalore Municipality issued a Notification, dated 22.12.2011, calling for tender, as the period for existing license came to an end on 31.3.2012 as stated above. The said notification, with item No. 13 relating to Public Convenience in Cuddalore Bus Stand, was published in the Vernacular Daily 'Thina Boomi' on 7.1.2012, stating that apart from tender, auction was to take place on 25.1.2012.

(2.) The petitioner-T. Nirmala quoted the highest amount of Rs. 31 lakhs while the second respondent-D. Narayanan, who is the writ petitioner in W.P. Nos. 14452 and 14453 of 2012, quoted Rs. 25 lakhs. Hence, she was declared as the highest bidder and the tender result was placed before the Council for approval. But, the Council recommended for issuance of tender to the second respondent for Rs. 25 lakhs, while the petitioner offered the higher amount.

(3.) In these circumstances, the petitioner filed a writ petition in W.P. No. 4134 of 2012 seeking to for bear the first respondent from issuing license to the second respondent. The first respondent Municipality filed their counter therein stating that the Power Agent representing the petitioner in the public auction had filed some cases against the Municipality and therefore, the offer made by the petitioner was not considered. After considering the submission made by the counsel on either side, this Court disposed of the writ petition on 3.4.2012 directing the first respondent to conduct the auction afresh.