K.THANGAMARIAPPAN Vs. STATE OF TAMIL NADU,

JUDGEMENT

(1.) The grievance of the petitioner is that the tender -cum- auction is not conducted by the second respondent in open and transparent manner. The publication in newspaper having wide circulation is not given and it is then within the group of people having vested interest in this matter. Considering the same, this Court has granted stay of public auction proposed by the second respondent.

(2.) Aggrieved over the stay of auction, the previous successful bidder of the previous auction filed a petition to implead himself as a party- respondent in this matter. The impleading petition was ordered by this Court today (23.10.2019). The newly impleaded respondent would bring the judgment of the Division Bench of this Court dated 16.08.2019 in W.A.(MD)No.628 of 2019 [S.Paulraj vs. The Commissioner -cum- Executive Officer, Kovilpatti Municipality, Tuticorin District] to the notice of this Court. The Division Bench has observed as under:

(3.) In compliance with the judgment of the Division Bench only, the public auction notification has been given. Now, in order to set right the transparency, this Court gives a direction to the second respondent to conduct tender -cum- auction in conformity with all legal requirements and by giving wider publication through newspaper having more circulation in the State. As per the directions of the Division Bench of this Court in W.A.(MD)No.628 of 2019, dated 16.08.2019, the second respondent is directed to complete the tender process, within a period of four weeks from the date of receipt of a copy of this order. The second respondent Municipality is directed to issue suitable modifications, so that, the tender notification is not stayed by this Court in future also.