T. MURUGAN Vs. COMMISSIONER, NAGERCOIL MUNICIPALITY

JUDGEMENT

(1.) All the writ petitions pertain to auction of the shops owned by the Nagercoil Municipality, granting licence to the successful bidders for a period of 3 years. Since the issue involved in all these writ petitions were identical, they were heard together and are disposed of by this common order.

(2.) W.P(Md)No.653 of 2018 has been filed by a licensee of Shop No.1, Anna Bus Stand, Nagercoil and the prayer sought is to declare Section 375(1) of the Tamil Nadu District Municipalities Act, 1920 and the Tamil Nadu Municipal Laws (Amendment) Act No.4 of 2017 and all other enactments extending the period of the Special Officer from time to time as ultra vires, unconstitutional and liable to be struck off. The other writ petitions filed by the petitioner in W.P(MD)No.653 of 2018 and others are challenging the auction notification issued by the respondent municipality dated 28.12017, bringing for auction of the shops owned by the municipality. Though, there may be a slight variation in the prayer sought for in the batch of cases, essentially, the challenge is to the auction notification issued by the respondent municipality. In the light of the nature of the relief sought for by the petitioners, W.P(MD)No.653 of 2018 is taken as the lead case.

(3.) Mr.S.Subbiah, learned senior counsel appearing for the petitioners contended that Section 375 of the Act is a transitory provision and in terms of sub-section 1 of Section 375, notwithstanding anything contained in the Act, the State Government may, by notification, if necessary, appoint Special Officers to exercise the powers and discharge the functions of the municipalities, until the date on which the first meeting of the municipal councils are held after ordinary elections to the municipalities. It is further submitted that Section 375-B was inserted by Amending Act 4 of 2017, by which, the Government of Tamil Nadu appointed Special Officers to exercise the powers and discharge the functions of the municipalities or the town panchayats, till the date on which, first meeting of the council is held after ordinary elections to the municipalities or town panchayats.