Ramnath.S vs. The Commissioner Of Municipal Administration
Facts
The petitioners in these three writ petitions (W.P.(MD)Nos.7453, 7454 and 7458 of 2022) challenged a tender notification issued by the Commissioner, Madurai Municipal Corporation. The tenders pertained to the license for collecting fees from users of gents' toilets located at various places including Marina Hotel Platform and MGR Bus Stand (Platforms 2, 3, and 4) in Madurai. The petitioners sought to quash these notifications and, in some cases, sought renewal of their existing licenses. The petitions were filed under Article 226 of the Constitution of India.
Held
The Court noted that the learned Standing Counsel for the respondent Corporation submitted that the impugned tender notification regarding the subject packages was being withdrawn. The Corporation sought liberty to issue a fresh tender notification for the subject packages by following the procedures established under law. This statement was recorded by the Court. Since the impugned tender notification, which was the subject matter of the writ petitions, was withdrawn, the Court held that no further orders were necessary. The writ petitions were disposed of in terms of the statement made by the Corporation. The Court also clarified that there was no hindrance for the respondents to proceed with the tender for other packages mentioned in the impugned notification. No costs were awarded.
Key Issues
1. Whether the impugned tender notification issued by the Commissioner, Madurai Municipal Corporation, for the collection of fees from users of gents' toilets is illegal and liable to be quashed? Petitioner's Contention: The petitioners argued that the tender notification was illegal and sought its quashing. They also sought the renewal of their existing licenses. Specific arguments regarding the illegality of the tender process or the grounds for renewal were not detailed in the provided judgment excerpt. Revenue/State's Contention: The learned Standing Counsel for the respondent Corporation submitted that they were withdrawing the impugned tender notification concerning the subject packages. They sought liberty to issue a fresh tender notification by following the established legal procedures.
AI-generated summary — verify with the full judgment below
W.P.(MD)Nos.7453, 7454 and 7458 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022 CORAM THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)Nos.7453, 7454 and 7458 of 2022 and W.M.P.(MD)Nos.5657, 5659, 5661 to 5664 of 2022 W.P.(MD)No.7453 of 2022:- S.Ramnath ... Petitioner vs. 1.The Commissioner of Municipal Administration, Santhome High Road, Raja Annamalaipuram, Chennai. 2.The Commissioner, Madurai Municipal Corporation, Madurai. 3.The Commissioner of GST and Central Excise, Central Revenue Buildings, B.B.Kulam, Madurai-2. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned tender notification dated nil published in the website of the second respondent in respect of items earmarked for public auction more particularly license of collecting fee from the users of gents toilet situated in Marina Hotel Platform and gents toilet Platform No.2 in MGR Bus Stand , Madurai and quash the same as illegal and consequently, to direct the respondents to renew the petitioner's license for collecting fee from the users
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