D.THANGAPANDI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) Three writ petitions have been filed viz., (i)W.P.(MD) No.16217 of 2016 by 51 petitioners, seeking to call for records pertaining to the impugned Memorandum of Understanding dated 17.04.2015 on the file of the Commissioner of Madurai Corporation and quash the same, (ii) W.P.(MD) No.22960 of 2016 by Vaigai Pala Commission Vanigargal Nala Sangam, seeking to call for records pertaining to the impugned order of the Commissioner of Madurai Corporation dated 02.11.2016, whereby, the request of the Sangam for allotment of shops to the members was rejected and quash the same and (iii) W.P.(MD) No.24461 of 2016 filed by an individual as Public Interest Litigation, seeking direction to the government as well as the Commissioner of Madurai Corporation, to conduct public auction for the allotment of 240 fruit shops at the newly constructed wholesale fruit marker near Mattuthavani, Madurai, by following a fair method of allotment, by way of issuance of writ of certiorarified mandamus in the first two writ petitions and mandamus in the third writ petition.

(2.) The issues involved in all the three writ petitions are one and the same with respect to the allotment of shops at the newly constructed wholesale fruits market near Mattuthavani, with reference to Memorandum of Understanding dated 17.04.2015 between the Madurai Corporation as one Party and Madurai Pazha Commission Vanigargal Sangam and Simmakkal Pazhakkadai Motha Viyabarigal Sangam as the second party, who have been arrayed as respondents in all the three writ petitions. Therefore, common order is passed in these writ petitions.

(3.) The gist of the case of the writ petitioners in all the writ petitions are as follows: