M. VELMURUGAN Vs. THE COMMISSIONER, RAMANATHAPURAM MUNICIPALITY

JUDGEMENT

(1.) The instant Writ appeal is filed against the order passed in WMP (MD) No.4219/of 2017 in writ petition No.4395/of 2017 dated 204.2017. The background of the writ appeal is that the writ petitioner filed a writ petition challenging the tender-cum-auction notification dated 16.02.2017. By considering the case of the writ petitioner, an order of status-quo was passed on 16.03.2017. Subsequently, the respondent filed a petition to vacate the interim order of status-quo passed in WMP(MD) No.3526 of 2017. Considering the totality of the case, by the order dated 204.2017, this court vacated the earlier interim order of status-quo and against the same; the instant writ appeal is filed.

(2.) It is the case of the appellant that the order passed by the learned judge is contrary to the settled principles of law and without considered the rivals submissions, the order was passed. Further, the learned judge without considered the fact that the period of lease was fixed for three years as per the Government Order 181 of Municipal Administration and Water Supply Department dated 19.09.2008. Further, it is stated by the appellant that as long as the order of confirmation issued in his favour is in force up to 31.03.2018, the respondent shall not entitle to disturb the appellant, hence the subsequent tender notification is bad in law. Hence, it is in correct and the interim order of status-quo ought not to have been vacated and therefore, he prays that the writ appeal is to be allowed.

(3.) On the other hand, the learned Government Advocate has submitted that the appellant is a defaulter and has not complied with any of the conditions imposed upon him as contemplated in the original auction-cum-tender notification. Once, he has failed to comply with the condition stipulated in the auction-cum-tender notification, the appellant is not entitled to get the benefit of the terms of the tender notification including the extension of the subsequent years, hence the writ appeal and the grounds raised therein are not fit for consideration in any manner.