S SELVARANI Vs. COMMISSIONER KARAIKUDI MUNICIPALITY

JUDGEMENT

(1.) THIS writ appeal has been filed against the order dated 9-8-2004 passed by the learned single Judge, dismissing the writ petitions filed by the appellant herein.

(2.) THE respondent-Municipality conducted a public auction on 19-3-2004 in respect of the right to collect the rent from the road-side vendors for the period 2004-05. In the said public auction, second respondent herein was the highest bidder, but due to the intervention of General Elections, the bid was not confirmed in his favour. The appellant, who was the licence-holder for the earlier period, viz. 2003-04, was allowed to continue till May 2004 on payment of proportionate lease amount. The appellant, after the auction process was over on 19-3-2004, wrote a letter to the Municipality expressing her willingness to offer Rs. 6,000/- more than the amount offered by the second respondent. When the respondent-Municipality intended to hold a fresh auction, the second respondent herein, who was the highest bidder in the auction held on 19-3-2004, filed a writ petition (W. P. No. 13434 of 2004) praying for a Writ of Mandamus directing the respondent-Municipality to confirm the auction in his favour by accepting his bid. The appellant also filed two writ petitions against the respondent-Municipality, viz. (W. P. No. 2379 of 2004 and W. P. No. 14177 of 2004) directing the respondent-Municipality to renew the lease in her favour on the premise that after the conclusion of the auction proceedings on 19-3-2004, she expressed her willingness to offer Rs. 6,000/- more than the bid offered by the second respondent herein. The learned single Judge, by a common order, dismissed the writ petitions filed by the appellant herein. It is against this order, that the present appeal has been filed.

(3.) HEARD the learned counsel for the appellant and the learned counsel for the respondent. We have carefully perused the impugned order.