P SAROJINI; ESHWARAN; B REKHA; M NIRMALA; R PALANISAMY; K VISWANATHAN; PALANISAMY; S LOGANATHAN; KRISHNAMURTHY; JOSE; T M S PALANISAMY; SELVARAJ; BOOPATHY; RAJKUMAR; T BHOOPATHY; A ESWARAN Vs. STATE OF TAMIL NADU; COMMISSIONER, MUNICIPAL ADMINISTRATION AND WATER WORKS DEPARTMENT; COMMISSIONER, PALLADAM MUNICIPALITY, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT; T BOOPATHI

JUDGEMENT

(1.) The 2nd respondent is the owner of the building in which the petitioner in the above writ petition is running a Non-Vegetarian (East Facing Shop No.2) Restaurant, Anna Bus Stand, Palladam, T. District. The leasehold right/licence of the said shop was taken in auction conducted by the 3rd respondent Municipality about 9 years ago. The petitioner has been paying the rent regularly. While so, the 3rd respondent issued a tender cum auction notice dated 10.06.2016 to conduct auction for various items mentioned at S.Nos. 1 to 11 in the said notice including the petitioner's shop No.2. The said auction notice is the subject mater of challenge in W.P. No. 22459 of 2016 and an interim order was granted in W.M.P. No. 19171 of 2016 on 29.06.2016 and an order dated 29.06.2016 was passed by this Court to the following effect:

(2.) On 19.07.2016, when the petitioner went to attend the auction, the petitioner was not allowed to enter the venue stating that the property tax for the period 2016-2017 was pending and on that ground, "No Objection" Certificate was not issued. Thereafter, the petitioner was informed that the 4th respondent took part in the auction and he was allotted shop No.2 for a sum of Rs.30,500/- , since he quoted the highest bid amount. Aggrieved over the auction proceedings and the allotment made in favour of the 4th respondent, the petitioner has filed the above writ petition challenging the tender cum auction notice dated 30.06.2016 in so far as shop No.2 (East Facing) Non-Vegetarian Restaurant) is concerned.

(3.) Heard Mr. S. Kumar, learned counsel for the petitioner, Mr. V. Jayaprakash Narayanan, learned Special Government Pleader for respondents 1 and 2, Mr.S. Thambusamy, learned counsel for R3 and Mr.M. Gnanasekar, learned counsel for the 4th respondent.