T. TAMILARASU Vs. COMMISSIONER, YERCAUD PANCHAYAT UNION

JUDGEMENT

(1.) The present Writ Petition has been filed by the Petitioners challenging the Order passed by the Respondent cancelling the Auction Sale conducted on 16/5/2023 on administrative grounds. 306 Current Writ Cases 2023 (3) CWC Current Writ Cases / October 16 - 31 and November 01 - 15/2023

(2.) The Respondent conducted Public Auction on 16/5/2023 for lease of shops belongs to the Respondent/Panchayat Union. The Petitioners are the highest bidders in the said auction. It is stated by the Petitioners that nine of the Petitioners have already paid the entire bid amount. In the Affidavit filed in support of the Writ Petition, it is stated by the Petitioners that though the other Petitioners tendered the remaining amount by way of Demand Draft and the same has been refused by the Respondent. Subsequently, the impugned Order cancelling the auction held on 16/5/2023 came to be passed.

(3.) The learned Counsel appearing for the Petitioners by taking this Court to Rule 18 of the Tamil Nadu Panchayats (Procedure for Conducting Public Auction of Leases and Sales in Panchayats) Rules, 2001, submitted that the re-auction can be conducted only on four contingencies mentioned in the said rules. In the case on hand, none of the said contingencies are satisfied. Therefore, the Order passed by the Commissioner cancelling the auction that held on 16/5/2023 is without jurisdiction.