M. MURUGAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE District Collector, Theni District, issued a District Gazette Notification, dated 09.02.2011, inviting tender applications in relation to 10 items of stone quarry on or before 25.02.2011. It is stated in the notification that public auction would be held on 28.02.2011 at 10.30 a.m. in the presence of the tender applicants and thereafter, the tender applications would be opened. The highest bidder would be awarded the tender. In this case, we are concerned with the stone quarry in item No.6 at Shanmugasundarapuram in Andipatti Taluk measuring 2.50 hectares in S.No.932/1 Part III.

(2.) PURSUANT to the aforesaid notification, four persons submitted tender applications including the petitioner in W.P.No.3031 of 2011 and the petitioner in W.P.No.7385 of 2011. On 28.02.2011, nobody participated in public auction with respect to this item. It is not in dispute. It is also not in dispute that all the four persons, who made tender applications quoted less than the upset price of Rs.8 lakhs that was fixed by the concerned authority.

(3.) THEREAFTER , the petitioner in W.P.No.3031 of 2011 has filed the writ petition seeking to forbear the respondents in any way granting quarry lease for five years in favour of any third party. In respect of item No.6 of tender notification dated 08.02.2011 for S.No.932/1 Part III situated at Shanmugasundarapuram, measuring 2.50 hectares for lesser price and consequently to direct the first respondent District Collector to consider the highest offer of the petitioner sent by telegram dated 06.03.2011 and representation on 07.03.2011 within a reasonable time.