1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.5857 of 2011 and M.P(MD)Nos.1 and 2 of 2011 G.Balan, Secretary, Anaithu Kaikari Viyabarigal Nala Sangam Sungampillaivasal Street, Nelpettai, Madurai. ... Petitioner Vs. The Commissioner, Madurai Corporation, Madurai. ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari calling for the records relating to the proceedings of the respondent made in Ref.No.Ma.Va.2/13655/11 dated --.06.2011 and quash the same. For Petitioner ... Mr.M.Suresh Kumar For Respondent ... Mr.M.Ravishankar ORDER This writ petition has been filed by the petitioner to issue a writ of Certiorari to call for the records relating to the proceedings of the respondent made in Ref.No.Ma.Va.2/ s13655/11 dated --.06.2011 and quash the same. 2. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. 3. By Consent, the writ petition is taken up for final disposal. 4. The writ petitioner was given an allotment by the respondent Corporation in February 2009 to maintain a public toilet near the old Central Market on the way to Arulmighu Meenakshi Amman Temple, Madurai. In the allotment order, four conditions were incorporated which read as follows: "1) The above said toilets should be maintained in a healthy condition besides water facility. 2) The maintenance charges will be collected at the rate of 0.50 Ps. for passing urine, Rs.1/- for using the toilet and Rs.2/- for taking bath. No excess amount should be collected. 3) No illegal activities can be taken place. 4) The Corporation has right to cancel this order at any time." 5. The petitioner was not liable to pay any amount to the respondent Corporation and the only requirement was that it should be properly maintained for the benefit of the public. In June 2011, by proceedings https://hcservices.ecourts.gov.in/hcservices/ 2 which is under challenge, the Commissioner of the Corporation passed an order cancelling the allotment on the ground that the Corporation wants to run the public toilet by itself. 6. The writ petition has been filed challenging the order of cancellation stating that no notice was issued. 7. The learned Counsel for the respondent Corporation submits that notice was, in fact, attempted to be served on the petitioner, but it was refused by the petitioner and therefore, it was affixed. 8. Be that as it may, clause (4) of the conditions in the allotment order clearly states that the allotment can be cancelled at any time. 9. The petitioner was under no obligation to pay the Corporation any amount, but on the contrary, was directed to maintain the toilets by collecting certain amounts from the public. 10. Since the allotment order is a conditional order and in view of the stand taken by the respondent Corporation that they intend to maintain the toilet, the petitioner - an allottee with no subsisting right can have no grievance as against the impugned order. The allotment order does not specify any particular period. The petitioner, therefore, cannot as a matter of right, claim that he should be given an opportunity before cancellation of the allotment. In any event, the respondent Corporation though not required to put the petitioner on notice under law, has by abundant caution served the notice by way of affixture as stated in paragraph 6 of the counter affidavit. 11. The allotment order is a conditional order without specifying any period. Therefore, the respondent Corporation is entitled to cancel the allotment order without notice any time. 12. For the above said reasons, this Court finds no reason to interfere with the impugned order. Finding no merits, the writ petition is dismissed. Consequently, the connected Miscellaneous Petitions are dismissed. No costs. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To: The Commissioner, Madurai Corporation, Madurai. rsb SR : 24.08.2011 : 2p/2c W.P.(MD)No.5857 of 2011 and M.P(MD)Nos.1 and 2 of 2011 11.08.2011 https://hcservices.ecourts.gov.in/hcservices/