1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2658 of 2011 and M.P.(MD)Nos.2 and 3 of 2011 1.P.Edwin 2.A.Vijayakumar 3.R.Manimohan 4.P.Sundaram 5.V.Appavu 6.P.Devaraj 7.T.Jeyasing 8.M.Shiek Muhamad ... Petitioners Vs. 1.The Kuzhithurai Municipality Represented by its Commissioner, Kuzhithurai, Kanyakumari District. 2.The Chairman, Kuzhithurai Municipality, Kuzhithurai, Kanyakumari District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to consider and pass orders forthwith on the petitioners representation dated 17.02.2011 seeking preference in allotment of shops or to re-allot the bunk stalls in the Marthandam Bus stand in Kanyakumari District to the petitioners herein. For Petitioner : Mr.E.V.N.Siva For Respondents 1&2 : Mr.C.Rajakumar O R D E R The prayer in the writ petition is to direct the respondents herein to consider and pass orders forthwith on the petitioners representation dated 17.02.2011 seeking preference in allotment of shops or to re-allot the bunk stalls in the Marthandam Bus stand in Kanyakumari District to the petitioners herein. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioners who are all small vendors in the bunk stalls which were originally allotted in the year 1996 for which they have also paid the deposit amount. Later on, when the bunk stalls were required by the respondents/Municipality, they have surrendered the possession. Subsequently, it has been rebuilt and it is being brought under auction. According to the petitioners, they have not got back the original deposit amount. Therefore, the petitioners have submitted a representation before the respondents stating that they should be given a preferential treatment in the allotment to be made in the public auction which is scheduled to be held on 09.03.2011. Hence, the present writ petition for the relief stated supra. 3. Mr.C.Rajakumar, learned counsel takes notice for the respondents. He would only contend that as per the Government orders as well as the orders of the Hon'ble Supreme Court, the Municipality is only bringing the bunk stalls for public auction that cannot be in any way hampered by the petitioners. 4. At this point of time, learned counsel appearing for the petitioners submitted that though the representation of the petitioners is to consider the claim of preferential treatment in allotting the bunk shops in the public auction, the petitioners restricted their claim only to consider their plea to allot the old bunk stalls in the place of the surrendered one by the petitioners. The petitioners also submitted that they will also participate in the auction to be held on 09.03.2011. 5. By way of reply, learned counsel appearing for the respondents submitted that the auction will go on but the claim of the petitioners will be considered in accordance with law. 6. In view of the said submission, the writ petition is allowed to the limited extent directing the respondents to consider the representation of the petitioners dated 17.02.2011 to the limited extent whether they could be allotted in the old bunk stalls in the bus stand in accordance with law, if they are eligible and pass orders on merits. It is also made very clear that so far as the new shops built in the bus stand is concerned, the auction will go on as scheduled on 09.03.2011. The petitioners are at liberty to participate in the said auction. No costs. Consequently, connected miscellaneous petitions stand closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Commissioner, Kuzhithurai Municipality Kuzhithurai, Kanyakumari District. 2.The Chairman, Kuzhithurai Municipality, Kuzhithurai, Kanyakumari District. +1 CC to Mr.E.V.N.Siva, Advocate (SR.No.11662) Writ Petition (MD)No.2658 of 2011 07.03.2011 sms NSV/8.3.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/