1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2010 CORAM: THE HONOURABLE MRS. JUSTICE R.BANUMATHI and THE HONOURABLE MR. JUSTICE S.NAGAMUTHU W.A.(MD) No.364 of 2010 and M.P.(MD)No.1 of 2010 Chandrasekaran .. Appellant / 3rd Respondent vs. 1.Smt.S.Amudhavalli ...1st Respondent / Petitioner 2.The Commissioner of Municipal Administration, Ezhilagam,Chennai. 3.The Commissioner, Dindigul Municipality, Dindigul. .. 2nd & 3rd Respondents/ 2nd & 3rd Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 18.6.2010 made in W.P.(MD)No.7673 of 2009 on the file of this Court under Article 226 of Constitution of India to issue writ of Certiorarified Mandamus calling for the records pertaining to impugned order passed by the 2nd respondent in Na.Ka.No.13212/08/Aa 9 dated 5/8/2009 and quash the same as illegal and consequently directing the 2nd respondent to conduct the Public auction as per the notification dated 13.03.2009. For appellant : Mr.M.V.Venkataseshan For 1st respondent : No appearance For 2nd respondent : Mr.V.Rajasekaran, Spl.Govt.Pleader For 3rd respondent : Mr.J.Parekh Kumar for M/s.P.Srinivas JUDGMENT (Judgment of the Court was delivered by R.BANUMATHI, J) The Writ Appeal arises out of an order in W.P.(MD)No.7673 of 2009 dated 18.6.2010 whereby the learned single Judge quashed the order passed by the second respondent in Na.Ka.No.13212/08/Aa9 dated 05.08.2009 granting licence to the appellant for collecting entry fees from the various vehicles and persons coming to Gandhi Vegetable Market, Dindigul for a period from 01.4.2009 to 31.12.2010. Being aggrieved by the grant of licence to the appellant, the unsuccessful bidder has filed the Writ Petition in W.P.(MD)No.7673 of 2009 whereby the learned single Judge has quashed the licence granted to the appellant, which is the subject matter of challenge in this Writ Appeal. https://hcservices.ecourts.gov.in/hcservices/ 2 2. When the Writ Appeal came up for hearing on 20.10.2010, there was no representation for the first respondent. Learned counsel for the third respondent has produced a letter of the Commissioner/third respondent addressed to the learned counsel along with the application of the first respondent. Since there was no representation for the first respondent, in order to ascertain the same and with a view to afford an opportunity to the first respondent, the matter has been listed today i.e. on 21.10.2010. Even today, there is no representation for the first respondent. 3. Learned counsel appearing for the third respondent has produced a letter addressed to him by the third respondent/Commissioner of Dindigul Municipality bearing Na.Ka.No.13212/2009/A9, dated 6.8.2010 enclosing the copy of the application of the first respondent stating that she has no objection in awarding licence to the appellant. The relevant portion of the application of the first respondent addressed to the third respondent reads as follows:- "You are aware that I filed Writ Petition No.7673 of 2009 before the Madurai Bench of Madras High Court challenging the licence granted in favour of K.Chandrasekaran by which permitting him to collect charges for Gandhiji Daily Market. My case was allowed on 18.6.2009. As against the said order, the above named K.Chandrasekaran filed the appeal in W.A.No.364 of 2010 before the Madurai Bench of Madras High Court. Since I am not having interest in prosecuting with the appeal I instructed my Counsel to file an affidavit and to inform the Court that I have no objection to grant licence in favour of Mr.K.Chandrasekaran. Therefore, I request to permit Mr.K.Chandrasekaran to collect the charges for Gandhiji Daily Market." (Underlining added) 4. Recording the above letter of the first respondent addressed to the third respondent, the Writ Appeal is disposed of. No costs. Connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To 1.The Commissioner of Municipal Administration, Ezhilagam,Chennai. 2.The Commissioner, Dindigul Municipality,Dindigul. +1cc to Mr.P.Srinivas, Advocate, Sr.No.41946 W.A.(MD) No.364 of 2010 and M.P.(MD)No.1 of 2010 asvm/SMA/11.11.2010/4C/2P 21.10.2010 https://hcservices.ecourts.gov.in/hcservices/