Petitioner challenged a Panchayat resolution dropping his 2011 tender, seeking mandamus for employment. Court held petition is infructuous as the tender period had long passed, but directed future adherence to rules.
Writ Petition dismissed as infructuous; direction given to follow Solid Waste Management Rules in future tenders.
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.
W.P(MD)No.10548 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.10548 of 2012 and M.P(MD) Nos.1 and 2 of 2012
R.Thangaraj ... petitioner Vs. 1.The Director of Town Panchayats, Kuralagam, Chennai. 2.The District Collector, Virudhunagar District, Virudhunagar. 3.The Assistant Director, Town Panchayats, Sivagangai Regions, Sivagangai. 4.The Executive Officer, Sethur Selection Grade Town Panchayat, Sethur, Virudhunagar District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned resolution No.154 of the fourth respondent dated 30.05.2012 and that of his proceedins in Na.Ka.No.78/2012 dated 18.06.2012 and quash the same and consequently directing the fourth respondent herein to give continuous employment to the petitioner as Driver in the fourth respondent Panchayat under Solid Waste Management Scheme with all attendant benefits.
For Petitioner : Mr.D.Srinivasaraghavan For Respondents : Mr.N.Muthuvijayan Special Government Pleader
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W.P(MD)No.10548 of 2012
ORDER
The present writ petition has been filed challenging the resolution passed by the fourth respondent under which they have taken a decision not to confirm the auction proceedings that have taken place, pursuant to the auction Notification dated 31.01.2011.
2.According the learned counsel for the petitioner, the petitioner was the lowest bidder for Serial No.10 in the said Notification. However, his tender was not confirmed and it was adjourned in the council meeting. Thereafter, the said tender itself was decided to be dropped by the fourth respondent Town Panchayat due to certain political reasons. The writ petitioner has sought to quash the said Panchayat resolution and sought for mandamus to give continues employment to the petitioner.
3.Considering the fact that the tender is for the period between 2011-2012, any resolution passed by the fourth respondent Panchayat also will have an effect only during the said period and not beyond that. In view of the passage of time, I find that nothing survives in the present writ petition, the Writ Petition is dismissed as infructuous. However, the fourth respondent should see that Solid Waste Management Rules are effectively followed in the said tender notification. No costs. Consequently, connected miscellaneous petitions are closed.
Assistant Registrar (C.O)
// True Copy //
/07/2022 Sub Assistant Registrar(CS)
cp
To
2.The District Collector, Virudhunagar District, Virudhunagar.
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W.P(MD)No.10548 of 2012
3.The Assistant Director, Town Panchayats, Sivagangai Regions, Sivagangai.
4.The Executive Officer, Sethur Selection Grade Town Panchayat, Sethur, Virudhunagar District.
+1 CC to M/s.D. SRINIVASARAGAVAN, Advocate ( SR-26365[F] dated 17/06/2022 )
+1 CC to M/s.SPL.GP ( SR-26731[F] dated 20/06/2022 )
Order made in W.P(MD)No.10548 of 2012 Dated: 17.06.2022
SS/01/07/2022/ 3P 7C
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3 issues framed by the court
Whether the writ petition challenging the Panchayat resolution to drop the petitioner's tender remains maintainable given the passage of time.
Whether the impugned resolution affecting a past tender period violates the Solid Waste Management Rules.
Whether the petitioner is entitled to mandatory direction for continuous employment as a driver under the scheme.
1 provisions across 1 enactments
R. Thangaraj
The Director of Town Panchayats, Kuralagam, Chennai
The District Collector, Virudhunagar District, Virudhunagar
The Assistant Director, Town Panchayats, Sivagangai Regions, Sivagangai
The Executive Officer, Sethur Selection Grade Town Panchayat, Sethur, Virudhunagar District
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
