Disposed

Vellaimmal @ Vellachi v. the District Collector

Madras HC10 Jul 2024WP/14463/2024

Case brief

AI extract

What is this about?

Writ petition challenging tender for allotment of shops. Court disposed of the petition, holding that auction proceedings cannot proceed until the shops are renovated and a fitness certificate is issued by the Structural Engineer, PWD.

What did the court decide?

No costs; petitioner at liberty to participate in fresh auction proceedings if any, subject to renovation and fitness certificate.

Vellaimmal @ Vellachi Vs the District Collector — Municipal and Town Planning | Madras HC (2024)

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W.P.No.14463 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.07.2024

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CORAM:

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THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.14463 of 2024

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Vellaiammal @ Vellachi ... Petitioner

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The District Collector Office of the District Collector, Salem District, Salem.

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2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Attur – 636 102, Salem District.

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3.The Tahsildar, Thalaivasal Taluk Office Thalaivasal, Salem District.

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4.The Block Development Officer, Office of the Block Development Office, Thalaivasal post and Taluk, Salem District.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 4 th respondent to order not to issue the tender notification for allotting 1 to 23 shops (except 20 shop) in Aragalur village panchayat, Talaivasal Taluk, Salem District without

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https://www.mhc.tn.gov.in/judis

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16.05.2024.

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W.P.No.14463 of 2024

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renovate the above same based on the representation of the petitioner dated 16.05.2024.

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For Petitioner : Mr.M.Senthilkumar For Respondents : Mr.P.Gurunathan, AGP for R1 to R3. Mr.G.Krishna Raja, AGP for R4.

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O R D E R

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By consent of both sides, this Writ Petition is disposed of at the stage

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of admission itself.

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2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials available on record.

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The case of the petitioner is that for developing the panchayat union the 4^th respondent auctioned the 23 shops (except 20 shops) by due tender proceedings to the said village people. The 4^th respondent had allotted shop No.16 to the petitioner's husband by name Narasimman and the same was running till the year 2022. In the year 2022, some persons represented the 4^th respondent for renovating the shop buildings, since the 2/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.14463 of 2024

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shop have been damaged. Thereby, the 4^th respondent decided to renovate the building. On 19.05.2022, the 4^th respondent issued notice to the tenants of the shops for vacating the shop within 31.05.2022, hence, the petitioner and other persons have vacated the premises. Subsequently, some unknown persons made a representation to the 4^th respondent for issuing tender for allotting the shops. The 4^th respondent without renovating the damaged building, issued tender notice for the damaged building. The petitioner made a representation to the respondents dated 16.05.2024, for stopping the tender process till the building is renovated. Hence, the present writ petition.

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The learned Additional Government Pleader representing the respondents would submit that the petitioner has filed the present writ petition for not to conduct tender auction for the shops in Aragalur Village Panchayat, Talaivasal Taluk, Salem District. The 4^th respondent in his written instruction had stated that a suit in OS.No.130 of 2022 is pending before the District Munsif, Attur with regard to tendering the shops. Further the respondents have stated that the auction proceedings have been stopped.

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https://www.mhc.tn.gov.in/judis

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W.P.No.14463 of 2024

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Admittedly in this case, the respondents have filed the photographs

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of the shops to substantiate that the shops are in good condition for usage. Unless and until the shops are renovated and it is found to be fit by the fitness certificate is issued by the Structural Engineer, PWD, the respondents cannot proceed further with the auction proceedings.

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With the above observation, this writ petition is disposed of. No

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costs. The petitioner is at liberty to participate in the fresh auction proceedings, if any.

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10.07.2024

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Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No tsh

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https://www.mhc.tn.gov.in/judis

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W.P.No.14463 of 2024

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V.BHAVANI SUBBAROYAN, J.

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tsh

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The District Collector Office of the District Collector, Salem District, Salem.

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2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Attur – 636 102, Salem District.

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3.The Tahsildar, Thalaivasal Taluk Office Thalaivasal, Salem District.

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4.The Block Development Officer, Office of the Block Development Office, Thalaivasal post and Taluk, Salem District.

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W.P.No.14463 of 2024

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10.07.2024

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https://www.mhc.tn.gov.in/judis

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Vellaimmal @ Vellachi v. the District Collector

Case brief

What is this about?

What did the court decide?

Vellaimmal @ Vellachi v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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