O K MANOHAR Vs. DISTRICT COLLECTOR, TRICHY DISTRICT

JUDGEMENT

(1.) By consent, the writ appeal is taken up for final disposal.

(2.) The writ petitioner is the appellant herein and he filed W.P.No.8217 of 2004 praying for issuance of a Writ of Mandamus, directing the 2nd respondent to conduct public auction for the year 2005-06 in respect of various items in Schedule I of the public notice dated 05.02003 issued for the period of 2003-04, vide proceedings in Na.Ka.No.A1/32/2003 of the 2nd respondent.

(3.) The grievance expressed by the appellant is that the Panchayat, in respect of the public auction during the year 2001 to 2004, had incurred loss and therefore, on the respective lease of the existing lessor / license, in G.O.No.147 dated 30.12.2000, a decision has been taken to renew the existing lease / license to the existing lessor / licensee for another period of one year by enhancing the said amount by 15% and according to the appellant/writ petitioner, it is in violation of the jurisdiction of Article 14 of the Constitution of India and in that event, the petitioner will also be put up to irreparable loss and hardship and therefore prays for conduct of the public auction. The appellant/writ petitioner, pending disposal of the writ petition, also filed W.M.P.No.6867 of 2005, praying for ad-interim direction to conduct the public auction and the writ petition was entertained and vide, interim order dated 104.2005, this Court directed the appellant/writ petitioner to deposit Rs. 5,00,000/- in the name of Registrar General, High Court of Madras, as a caution deposit, to pass further orders in the application to conduct public auction and again, the matter was directed to be listed on 18.04.2005. When the matter was called on 21.04.2005, this Court had directed the respondent Panchayat to conduct the public auction for the year 2005-2006.