Mani.A vs. The District Collector
Facts
The petitioner, a contractor, was the successful bidder for running a giant wheel for the Maasi Festival during Fasli 1429 (March-April 2020). He paid Rs. 49,10,000/- plus 18% GST. Due to the COVID-19 pandemic lockdown, he could only operate for 29 out of 60 days. He represented for a refund for the 32 days lost. The respondents decided to grant 32 days for Fasli 1432 (February-March 2023) to those affected by COVID-19 closures in Fasli 1429. The petitioner challenged the auction notice for Fasli 1432, specifically the 28-day period for the giant wheel, arguing it was arbitrary and his representation for compensation was not considered.
Held
The Court found that the petitioner's grievance was addressed by the respondents' decision to grant the 32 days for which he could not run the giant wheel in Fasli 1429, to him automatically for Fasli 1432, without requiring him to participate in a bid. The Court reasoned that by automatically granting this period, the authorities had compensated the petitioner for his loss, thereby fulfilling his request. Consequently, the Court concluded that the petitioner was not an aggrieved person and had no cause of action to file the writ petition. The Court dismissed the petition, stating that the petitioner's request for compensation had been addressed. No order as to costs.
Key Issues
1. Whether the impugned auction cum tender notice dated 24.11.2022, issued by the 3rd respondent, is arbitrary and violative of principles of natural justice, specifically concerning the period allocated for the giant wheel auction for Fasli 1432? (Question of law and fact, turning on principles of natural justice and administrative arbitrariness). 2. Whether the petitioner's representation for compensation for the 32 days of business loss in Fasli 1429 due to the COVID-19 pandemic closure has been adequately considered and addressed by the respondents' decision to grant 32 days for Fasli 1432? Petitioner's arguments: The impugned order was passed without hearing the petitioner, and his representation for compensation for the 32 days of business closure in Fasli 1429 was not considered. Revenue/State's arguments: Not recorded in the judgment.
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2023 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.21505 & 21507 of 2022 1.A.Mani .. Petitioner Vs. 1.The District Collector, Disaster Management Department, Dindigul District. 2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Pandiyan Nagar, Dindigul. 3.The Managing Trustee, Arulmigu Kottai Mariamman Thirukovil, Dindigul. .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned auction cum tender notice for the Fasali 1432 issued by the 3rd respondent dated 24.11.2022 with respect to Serial No.1 D1 and D2 for auction of Giant Wheel for the period 16.02.2023 to _________ https://www.mhc.tn.gov.in/judis
2023 (28 days) and consequently direct the 2nd and 3rd respondents to permit the petitioner to run the Giant Wheel business for 28 days from 16.02.2023 to 15.03.2023 to compensate for the loss of the business for the Fasali p
The judgment continues below.
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