C RAJA Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE

JUDGEMENT

(1.) THE writ petitioner was a highest bidder in respect of having a vehicle stand in the property belonging to the third respondent temple in S.No.14/1, Villapuram, Madurai District for the year 2007-2008. It is not in dispute that in the tender which was held on 03.05.2007 in respect of 20 items including the vehicle stand, the petitioner was given contract which expires on 30.06.2008. As submitted by the learned counsel appearing for the third respondent, the said tender itself was given with many conditions which includes condition 19 which makes it clear that the right to conduct the vehicle stand is for the period from 01.07.2007 to 30.06.2008 and after expiry of that on 01.07.2008 the entire right in respect of the right to conduct the vehicle stand shall vest with the temple since the property belongs to the temple and it is also stated that under no circumstances any extension of period shall be granted to the licensee. It is accepting the said condition, the petitioner has become the licensee under the third respondent and conducted the business for the said period upto 30.06.2008.

(2.) THE grievance of the petitioner is that for the year 2008-2009, the third respondent has issued tender notification in respect of all other items on 07.05.2008 except regarding the vehicle stand situated in S.No.14/1, Villapuram, Madurai District. According to him, the conduct of the third respondent in leaving out the said portion of the tender alone is arbitrary in the sense that as a person who has been already running the vehicle stand as a licensee under the third respondent he has the right of participation in the tender for the next year namely 2008-2009.

(3.) HE would rely upon a judgment of the Supreme Court in Union of India and another Vs. S.B. Vohra and others reported in 2004 (1) CTC 217 and the decision of the First Bench of this Court in L. Boomiraja Vs. The District Collector, Dindigul District reported in 2005(3) L.W.91.