1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2808 of 2011 and M.P.(MD).Nos. 1 to 3 of 2011 Murugesan : Petitioner Vs. 1. The State of Tamil Nadu Rep. by its Secretary Municipal Administration and Water Supply Department Secretariat, Chennai – 600 009 2. The District Collector Sivagangai District 3. The Commissioner Devakottai Municipality Devakottai, Sivagangai District 4. The Deputy Director Ex-Service Man Welfare Sivagangai District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records connected with the impugned auction notice in Na.Ka.No.2425/2010/A1, dated 18.02.2011 issued by the respondent No.3 and quash the same, consequently, directing the respondent No.3, to allot one shop in Devakottai Bus Stand Extension Block to the petitioner as per the letter of the second respondent in Na.Ka.H.2/40109/09 dated 10.10.2009 with exemption from participating in the auction scheduled to be on 16.03.2011. For petitioner : Mr.R.Alagumani For RR 1, 2 & 4 : Mr.K.Balasubramanian Additional Government Pleader For 3rd Respondent : Mr.J.Anandakumar O R D E R The petitioner has come forward with this Writ Petition seeking to quash the impugned auction notice in Na.Ka.No. 2425/2010/A1, dated 18.02.2011 issued by the respondent No.3 and consequently, directing the respondent No.3, to allot one shop in Devakottai Bus Stand https://hcservices.ecourts.gov.in/hcservices/ 2 Extension Block to the petitioner as per the letter of the second respondent in Na.Ka.H.2/40109/09 dated 10.10.2009 with exemption from participating in the auction scheduled to be on 16.03.2011. 2. The learned counsel appearing for the petitioner would submit that the petitioner's representation may be considered to allow him to participate in the tender without paying the EMD as he is an Ex-Service man. 3. The learned counsel appearing for the third respondent has rightly pointed out that the original application of the petitioner was forwarded to the Corporation Commissioner and by virtue of the order, dated 27.04.2010, the Commissioner has rejected the application of the petitioner. 4. In view of the submission made by the learned counsel appearing for the third respondent, this Writ Petition is closed. It is always open to the petitioner to participate in the tender, if he fulfills the condition including the payment of EMD. Consequently, connected Miscellaneous Petitions are also closed. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1. The Secretary, State of Tamil Nadu Municipal Administration and Water Supply Department Secretariat, Chennai – 600 009 2. The District Collector, Sivagangai District 3. The Commissioner, Devakottai Municipality Devakottai, Sivagangai District 4. The Deputy Director, Ex-Service Man Welfare Sivagangai District. +1 CC to Special Government Pleader (SR.No.6575) +1 CC to Mr.R.Alagumani, Advocate (SR.No.6278) W.P.(MD).No.2808 of 2011 and M.P.(MD).Nos. 1 to 3 of 2011 14.03.2011 vsg NSV/1.4.2011/2P/7C https://hcservices.ecourts.gov.in/hcservices/