G ANANDAN Vs. COMMISSIONER

JUDGEMENT

(1.) THIS Review Petition has been filed by the review petitioner/writ petitioner, to review the order dated 19.4.2007, passed by this Court in W.P.No:6329 of 2003.

(2.) ADMITTEDLY, this Court dismissed the Writ Petition holding that the petitioner being one of the shop owner, if the earlier lease holder was collecting more tax than the one prescribed by the Municipality, he should have made a complaint to take action against the lease holder instead of that, for no reason, he approached this Court and stalled the finalization of the tender to lease out the right to collect the toll fees from the public for parking the vehicles in front of the Na.Pa.Sarathy Maligai at Officers Line in Vellore, by virtue of which, there is a loss of revenue of the Municipality from 2.3.2003 to this day therefore, as the petitioner has misused the public interest litigation and filed this writ petition and got an interim order detriment to the interest of the Municipality causing loss of revenue, we consider it proper dismissing the writ petition with a direction to collect the entire revenue loss caused to the Municipality by virtue of filing of this writ petition and obtaining interim injunction by the petitioner for the years 2003-2004, 2004-2005 with interest.

(3.) LEARNED Senior Counsel further submitted that the petitioner was not aware of the consequences at the time of filing of the writ petition as he is a layman and this court may show some concession or indulgence towards him. LEARNED Senior Counsel also now brought to the notice of this Court that the very land for which auction proceedings was stayed by this court belong to the Highways Department and also produced a copy of the letter dated 25.9.2007, sent by the Highways Department addressed to the Commissioner of Vellore Municipality requesting them to stop future public auction in respect of the said land as the same would be required by them for expansion of road.