LAWS(MAD)-2016-4-141

C. SEVYUGA PANDIAN Vs. THE DISTRICT COLLECTOR

Decided On April 29, 2016
C. Sevyuga Pandian Appellant
V/S
THE DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The prayer in this Writ Petition is for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings of the fourth respondent in No.Nil Acknowledgment dated 22.01.2016 and to quash the same as illegal and consequently direct the respondents to confirm the auction in favour of the petitioner for having quoted the highest bid amount of Rs.1,05,000.00 in the auction held on 18.01.2016 for awarding fishing rights in his favour in respect of Kaniraithan Kanmai at Rajapalayam Taluk, Virudhunagar District.

(2.) Mr. A. Muthukaruppan learned Additional Government Pleader takes notice for the first respondents 1 to 4 and Mr. P. Ganapathi Subramanian takes notice for the fifth respondent. By consent of counsel on either side, the writ petition itself is taken up for final disposal.

(3.) Today, when the writ petition is taken up for hearing, the parties are present before this Court and an auction was conducted in the open Court. The erstwhile successful tenderer who took tender for Rs.12,200/ - has increased his offer to Rs.3,10,000/ -. The petitioner, who also participated in the open auction conducted by this Court could enhance his offer only upto Rs.2,90,000/ -. Therefore, the fifth respondent herein, who enhanced his offer upto Rs.3,10,000/ - in the open auction conducted by this Court is the highest bidder than the petitioner. The fifth respondent also agreed to deposit a sum of Rs.2,98,000/ - plus tax to be paid to the authority concerned being the balance amount due and payable along with interest. Today, he has handed over a Demand Draft for Rs.1,10,000/ - drawn in the name of the Executive Officer, P.W.D which was also handed over to the Assistant Engineer, P.W.D who is present in the Court. The balance amount is directed to be paid by the fifth respondent within a period of two weeks from today. On such payment, the auction shall be confirmed by the official respondents in favour of the fifth respondent.