A. MANI Vs. EXECUTIVE OFFICER, SPECIAL GRADE TOWNPANCHAYAT

JUDGEMENT

(1.) THE Writ Petition is filed challenging the impugned tender -cum -auction notice in Na.Ka. No. 208/2006/A1 dated 31.10.2006 issued by the respondent panchayat executive officer.

(2.) THE impugned tender -cum -auction notice was issued to enable small traders to put up temporary shops without roof at Sannathi Street and Beach Road in Kanyakumari. The Southern tip of the country, Kanyakumari, the meeting point of the Three Great Oceans, known for the Swami Vivekanandha Memorial and the newly installed Saint Thiruvalluvar Statute Memorial, attracts lot of tourists in the months of November, December and January every year. During this season there is a heavy flow of tourists and therefore, all the local people cash in by engaging in various types of trade and business during this time. The respondent panchayat permits temporary shops to be set up by individuals in the street and the road margins adjacent to the sea shore during the tourist season. Such temporary shops are in vogue for the past one decade. In this year also as in the previous year, the respondent panchayat floated the tender -cum -auction notice for permitting road side temporary shops without roof, which is the subject matter of the present writ petition.

(3.) PETITIONER states that he sent a telegramme to the respondent to drop the tender -cum -auction process which according to the petitioner is detrimental to the public pathway and also on the grounds that no resolution of the council was obtained and that road side margins cannot be licensed.