K PADMAVATHI Vs. CORPORATION OF COIMBATORE

JUDGEMENT

(1.) THE writ petitioners are the appellants herein. They filed a Writ of Mandamus directing the respondents 1 to 3, the Commissioner of Corporation and Corporation officials to allot the 144 newly constructed open shops in the public market, viz. , Panneerselvam Market, Coimbatore either by way of lease or licence or on payment of daily sungam only in accordance with law and procedures prescribed therefor, instead of, arbitrarily allotting to the men and agents of the respondents 4 and 5, the individuals.

(2.) THE short facts leading to the filing of the writ petition are as follows:

(3.) ACCORDING to the respondents 1 and 2, the officials, the temporary shops were constructed after observing all the formalities. Before construction, the premises were occupied by the members of the Association,by name Kovai Malar Viyabarigal Sangam. Before vacating them from the premises, the Association gave applications numbering 144 requesting for allotment of shops after completing the construction. After receipt of those applications, these persons were asked to shift to the nearby Corporation Elementary School playground. After the construction was over, out of 144, 128 shops were allotted to them. As such, the allotment cannot be said to be wrong. Therefore, the writ petition is liable to be dismissed as not sustainable in law and on facts.