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2004 Supreme(Mad) 1729

MARKANDEY KATJU, N.V.BALASUBRAMANIAN
S. Selvarani – Appellant
Versus
The Commissioner Karaikudi Municipality & Another – Respondent


Advocates Appeared: For The Appellant:PL. Narayanan, Advocate. For The Respondents:R2, V.R. Shanmuganathan, R1, P.S. Jayaraman, Advocates.

Judgment :-

Markandey Katju , CJ.

This writ appeal has been filed against the order dated 9-8-2004 passed by the learned single Judge, dismissing the writ petitions filed by the appellant herein.

2. The respondent-Municipality conducted a public auction on 19-3-2004 in respect of the right to collect the rent from the road-side vendors for the period 2004-05. In the said public auction, second respondent herein was the highest bidder, but due to the intervention of General Elections, the bid was not confirmed in his favour. The appellant, who was the licence-holder for the earlier period, viz. 2003-04, was allowed to continue till May 2004 on payment of proportionate lease amount. The appellant, after the auction process was over on 19-3-2004, wrote a letter to the Municipality expressing her willingness to offer Rs.6,000/- more than the amount offered by the second respondent. When the respondent-Municipality intended to hold a fresh auction, the second respondent herein, who was the highest bidder in the auction held on 19-3-2004, filed a writ petition (W.P. No.13434 of 2004) praying for a Writ of Mandamus directing the respondent-Municipality to confirm the auction in his favour b













































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