IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 23.2.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.128 of 2011 and M.P.No.1 of 2011, W.P.No.129 of 2011 and M.P.Nos.1 and 2 of 2011 and W.P.No.218 of 2011 and M.P.Nos.1 and 2 of 2011 W.P.No.128 of 2011:- B.Varunan. ... Petitioner vs. 1.District Collector, Namakkal. 2.District Revenue Officer, Namakkal. 3.Tahsildar, Namakkal. 4.Commissioner, Kollimalai Panchayat Union, Namakkal District. ... Respondents W.P.No.129 of 2011:- S.Devaki. ... Petitioner vs. 1.District Collector, Namakkal. 2.District Revenue Officer, Namakkal. 3.Tahsildar, Namakkal. https://hcservices.ecourts.gov.in/hcservices/ 4.Commissioner, Kollimalai Panchayat Union, Namakkal District. ... Respondents W.P.No.218 of 2011:- 1.S.Sekaran, 2.M.Vijaya, 3.G.Kokila Devi, 4.A.Kader Mooideen, 5.K.S.Mubarak Ali. ... Petitioners vs. 1.District Collector, Namakkal District, Thimankuruchi Village, Namakkal Taluk. 2.Commissioner, Kollihills Union Panchayat, Kollihills, Namakkal Taluk and District. ... Respondents Writ Petition No.128 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to allot one shop to the petitioner in the newly constructed building in the old Survey No.300/2, present Survey No.855/1, Valavanthinadu village, Kollimalai, Senthamangalam Sub District, Namakkal District. Writ Petition No.129 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the tender notice dated 2.1.2011 in No.132/namakkal/2010 of the fourth respondent and quash the same insofar as one shop and direct the respondent to allot one shop to the petitioner on the basis of the order of allotment made in N.Ka.No.147/2009(A3) dated 31.7.2009 & as per cancellation order dated 20.8.2010 in N.Ka.No.147/2009(A3) in the newly constructed building in the old Survey No.300/2, present survey No.855/1, Valavanthinadu village, Kollimalai, Senthamangalam Sub District, Namakkal District to the petitioner. Writ Petition No.218 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records comprised through paper publication in Ve.A.No.132/Se.Ma.Tho/Namakkal/2010 dated 2.1.2011 on the file of the second respondent and quash the same. https://hcservices.ecourts.gov.in/hcservices/ W.P.Nos.128 and 129 of 2011:- For Petitioner : Mr.K.Sukumaran, For Respondents : Mr.L.S.M.Hasan Fizal, Government Advocate for R1 to R3. Mr.M.Dhandapani, Special Government Pleader, for Ms.S.Anitha, Government Advocate for R4. W.P.No.218 of 2011:- For Petitioner : Mr.R.Bharanidharan, For Respondents : Mr.L.S.M.Hasan Fizal, Government Advocate for R1. Mr.M.Dhandapani, Special Government Pleader, for Ms.S.Anitha, Government Advocate for R2. COMMON ORDER Writ Petition No.128 of 2011 is filed praying to issue a Writ of Mandamus, directing the respondents to allot one shop to the petitioner in the newly constructed building in the old Survey No.300/2, present Survey No.855/1, Valavanthinadu village, Kollimalai, Senthamangalam Sub District, Namakkal District. 2. Writ Petition No.129 of 2011 is filed praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the tender notice dated 2.1.2011 in No.132/namakkal/2010 of the fourth respondent and quash the same insofar as one shop and direct the respondent to allot one shop to the petitioner on the basis of the order of allotment made in N.Ka.No.147/2009(A3) dated 31.7.2009 & as per cancellation order dated 20.8.2010 in N.Ka.No.147/2009(A3) in the newly constructed building in the old Survey No.300/2, present survey No.855/1, Valavanthinadu village, https://hcservices.ecourts.gov.in/hcservices/ Kollimalai, Senthamangalam Sub District, Namakkal District to the petitioner. 3. Writ Petition No.218 of 2011 is filed praying to issue a Writ of Certiorari, calling for the records comprised through paper publication in Ve.A.No.132/Se.Ma.Tho/Namakkal/2010 dated 2.1.2011 on the file of the second respondent and quash the same. 4. W.P.Nos.129 and 218 of 2011 have been filed challenging the auction notice dated 2.1.2011. W.P.No.128 has been filed for a mandamus to allot one shop to the petitioner in the newly constructed building. 5. The respondents were noticed. They are represented by Mr.L.S.M.Hasan Fizal, learned Government Advocate and Mr.M.Dhandapani, learned Special Government Pleader. 6. The primary contention taken in these cases is that the auction notice dated 2.1.2011 is bad inasmuch as the time limit fixed for conduct of auction is only four days after the notice. Whereas the provisions of the Tamil Nadu Transparency in Tenders Act, 1998 provides for fifteen clear days. This provision of law has not been followed. In any event, the time specified is too short for any person to respond. 7. In such view of the matter, the impugned proceedings is set aside and the respondents are directed to go for fresh auction by giving sufficient time and by following the procedure prescribed. The petitioner in all these cases are entitled to participate in the fresh auction to be conducted. All the writ petitions are ordered as above. No costs. The interim orders already granted in these cases are vacated. Consequently, all the miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The District Collector, Namakkal. 2.The District Revenue Officer, Namakkal. https://hcservices.ecourts.gov.in/hcservices/ 3.The Tahsildar, Namakkal. 4.The Commissioner, Kollimalai Panchayat Union, Namakkal District. + 1 CC to Government Pleader CC SR.13396,13398 + 1 CC to Mr.R. Karthikeyan CC SR.13012 + 1 CC to Mr.S.Anitha CC SR.13343 + 1 CC to Mr.K.Sukumaran CC SR.13135 MBS(CO) VC(9.3.2011) Common Order in W.P.Nos.128, 129 & 218 of 2011 https://hcservices.ecourts.gov.in/hcservices/