1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.2258 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 G.Babu .. Petitioner Vs. The Commissioner Theni-Allinagaram Municipality, Theni District. .. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Certiorari calling for the records relating to the tender notification issued by the respondent in his proceedings Na.Ka.No.7452/2010/A3, dated 15.02.2011 and quash the same as illegal insofar as it relates to the public auction-cum-tender in respect of the old pay and use toilets. For Petitioner : Mr.M.Ajmal Khan For Respondent : Mr.K.Hema Karthikeyan ORDER The petitioner is the successful licensee for collecting entry charges from the public toilet established in the Kamaraj Bus Stand belonging to the Alinagaram Municipality. The petitioner was initially given a license for the period from 01.04.2009 to 31.03.2010. Subsequently, the license was continued for the period from 01.04.2010 to 31.03.2011 and it is also now stated that as per the original terms, the license will continue for the period of three years and the petitioner is eligible to collect the charges in the public toilet at Kamaraj Bus Stand up to 31.03.2012. 2. Further, the petitioner on finding that the respondent Municipality has given an advertisement calling for public tenders in respect of not only the new toilet constructed near the bus stand on the south east corner, but also for the existing old toilet, in which the petitioner is holding license up to 31.03.2012 and the offers have been invited from the person intending to bid for the license and the auction was also fixed on 28.02.2011. Aggrieved by the inclusion of the public toilet, in which the petitioner is a licensee up to 31.03.2012, the writ petition came to be filed. 3. When the matter came up on 25.02.2011, this Court ordered notice of motion. Pending notice of motion in respect of old toilet complex in which the petitioner holding license interim stay of the impugned notification was given. 4. On notice from this Court, Mr.K.Hema Karthikeyan takes notice for the respondent Municipality. The learned counsel for the Municipality https://hcservices.ecourts.gov.in/hcservices/ 2 fairly states that the petitioner will be allowed to retain his license for collection of entry fee in the public toilet in the old complex and in respect of the new complex, the Municipality is at liberty to proceed to auction. 5. The statement of the counsel for the Municipality is recorded and the writ petition is disposed of accordingly. The petitioner shall not be disturbed or deprived of his license up to 31.03.2012 as agreed by the Municipality in respect the public toilet in old complex, however subject to the other conditions of the license being fulfilled by the petitioner. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Commissioner Theni-Allinagaram Municipality, Theni District. + 1 cc to Mr.M.Ajmal Khan, Advocate, SR No.39183 + 1 cc to Mr.K.Hema Karthikeyan, Advocate, SR No.38668 + 1 cc to The Special Government Pleader, SR No.38771 Order made in W.P.(MD)No.2258 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 09.11.2011 jikr RJ/23.11.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/