Petitioner sought quashing of an auction notice for leasing a vacant site at Kayathar Town Panchayat alleging improper publication under the Tamil Nadu Transparency in Tenders Act, 1998. The High Court found sufficient publication was made and dismissed the writ petition.
Writ of Certiorari to quash the auction notice was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2017 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM and
THE HONOURABLE MR.JUSTICE N.AUTHINATHAN
W.P(MD)No.4131 of 2017 and W.M.P(MD)Nos.3289 & 3290 of 2017
N.Mariyappan
Vs.
The Executive Office, Kayathar Town Panchayat, Tuticorin District. .. Respondent
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned auction notice of the respondent in Na.Ka.No.107/2017/A1 dated 27.02.20176 and quash the same and conduct tender by issuing proper notice to all the public as per the provisions of The Tamil Nadu Transparency in Tenders Act, 1998.
For Petitioner : Mr.H.Arumugam for M/s.K.Esakki For Respondent : M/s.Jhansi Rani
ORDER
[Order of the Court was made by A.SELVAM, J. ]
This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the publication dated 27.02.2017 issued in Na.Ka.No.107/2017/A1 by the respondent and quash the same, by way of issuing a writ of Certiorari.
2.M/s.Jhansi Rani, learned counsel has taken notice for the respondent.
3.The learned counsel appearing for the petitioner has contended to the effect that with regard to lease of vacant site belonging to Kayathar Town Panchayat, the impugned notification has been issued on 27.02.2017. But as contemplated under law, no proper publication has been made. Under the said circumstances, the present https://hcservices.ecourts.gov.in/hcservices/ Writ Petition has been filed for getting the relief sought therein.
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4.The learned counsel appearing for the respondent has contended that with regard to alleged lease, proper publication has been issued through daily newspaper viz., Dhinamani. Under the said circumstances, the contention putforth on the side of the petitioner cannot be accepted and therefore the present Writ Petition is liable to be dismissed.
5.It is an admitted fact that the respondent has issued the impugned notification dated 27.02.2017 wherein it has been clearly stated that with regard to lease of vacant site a public auction will be held on 16.03.2017 at about 11.00 a.m.
6.The main grievance expressed on the side of the petitioner is that no proper publication has been effected by the respondent.
7.On the side of the respondent certain document has been filed wherein it has been clinchingly stated to the effect that with regard to lease, a dum-dum has also been done in the presence of public. Further a paper publication has also been made.
8.Considering the aforesaid factual aspects, this Court is of the view that the considerable publication has been made with regard to the impugned publication dated 27.02.2017. Since the considerable publication has been made, the contention putforth on the side of the petitioner cannot be accepted and therefore the present Writ Petition deserves to be dismissed.
9.In fine, this writ petition is dismissed without costs. Consequently, connected Miscellaneous Petitions are also dismissed.
SD/ASSISTANT REGISTRAR(AS)
SUB ASSISTANT REGISTRAR
To
The Executive Office, Kayathar Town Panchayat, Tuticorin District.
+1 CC TO MR.K.ESAKKI,ADVOCATE ,SR NO.14348
ps MAS/MR:20.03.2017:2P-3C
W.P(MD)No.4131 of 2017 and W.M.P(MD)Nos.3289 & 3290 of 2017 10.03.2017
1 issue framed by the court
Whether the impugned auction notification regarding the lease of a vacant site regarding publication requirements of the Tamil Nadu Transparency in Tenders Act, 1998 should be quashed.
2 provisions across 2 enactments
N Mariyappan
The Executive Office, Kayathar Town Panchayat, Tuticorin District
A SELVAM
N AUTHINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
