1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.6315 of 2011 And M.P.(MD) Nos.2 and 3 of 2011 P.Natarajan : Petitioner vs. 1.The District Collector, Tirunelveli, Tirunelveli District. 2.The Assistant Director of Panchayat, Collectorate, Tirunelveli. 3.The Executive Officer, Thisayanvillai Selection Grade Town Panchayat, Thisayanvillai, Tirunelveli District. : Respondents Writ petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the third respondent in Na.Ka.853/2011 tender notification dated 6.6.2011 in respect of Daily market of the Selection Grade Town Panchayat, Thisayanvillai, Tirunelveli District and quash the same and consequently direct the Executive Officer, the third respondent herein to consider various representations of the petitioner for extension of lease period from 1.7.2011 to 31.3.2013 by following the guidelines of G.O.Ms.No.181 of Municipal Administration and Water Supply Department. For Petitioner : Mr.S.Siva Thilakar For Respondents-1&2 : Mr.M.Alagarthevan, Special Government Pleader. For Respondent-3 : Mr.S.Chandrasekar, Government Advocate. O R D E R The petitioner has come up with the above writ petition, challenging an auction notice issued by the third respondent, for the https://hcservices.ecourts.gov.in/hcservices/ 2 right to collect the toll fee from the daily market and the rent from the traders, in the daily market belonging to the third respondent, for the period from 1.7.2011 to 30.6.2012. 2. Heard Mr.S.Siva Thilakar, learned counsel for the petitioner, Mr.M.Alagarthevan, learned Special Government Pleader, for respondents 1 and 2 and Mr.S.Chandrasekar, learned Government Advocate for the third respondent. 3. In an auction held in June 2010, the petitioner was awarded the contract of collection of toll fee and rent from the shops located in the daily market of the third respondent-Town Panchayat, for the period from 1.7.2010 to 30.6.2011. When the period of the contract was about to come to an end, the third respondent issued a tender notification on 6.6.2011 for the next period from 1.7.2011 to 30.6.2012. Challenging the auction notification and contending that in terms G.O.Ms.No.181, Municipal Administration and Water Supply Department, dated 19.6.2008, he was entitled to the renewal of the contract for a further period of two years, the petitioner has come up with the above writ petition. 4. As rightly pointed out by the third respondent, the tender notice dated 15.6.2010, in response to which the petitioner participated and secured the contract in question, itself was issued only after G.O.Ms.No.181, dated 19.6.2008. Therefore, the petitioner is now estopped from relying upon the Government Order of a previous date, after having participated in the tender, accepting the terms and conditions of such tender. Therefore, the relief sought for by the petitioner cannot be granted. 5. However, the petitioner has made a representation dated 14.6.2011. Therefore, the only benefit that the petitioner could get is to direct the third respondent to consider the representation and pass appropriate orders. 6. In view of the above, the writ petition is disposed of, directing the third respondent to consider the representation of the petitioner dated 14.6.2011 and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order. However, it will not bar the third respondent from putting up the contract for a fresh auction. In the event of the request of the petitioner being rejected, the third respondent should refund the amount, if there is any, to the petitioner, provided he is entitled to the same. 7. The writ petition is disposed of on the above terms. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Collector, Tirunelveli, Tirunelveli District. 2.The Assistant Director of Panchayat, Collectorate, Tirunelveli. 3.The Executive Officer, Thisayanvillai Selection Grade Town Panchayat, Thisayanvillai, Tirunelveli District. +1cc to the Special Govt.Pleader, Sr.No.39535 svn ssk/15.11.2011 /5c-3p/- W.P.(MD)No.6315 of 2011 11.11.2011 https://hcservices.ecourts.gov.in/hcservices/