The main legal point established in the judgment is that the power exercised by the Special Officer in fixing the fees was illegal and beyond jurisdiction, leading to the direction for departmental action against the Executive Officer and an enquiry regarding the exorbitant fees collected by the licensee.

ORDER :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st Respondent to take action upon the representation dated 30.12.2020 given by the petitioner against the Resolution Nos.296 and 297 both dated 24.01.2019 as well as Resolution Nos.316 & 317 both dated 25.02.2019 of the 5th Respondent Town Panchayat by exercising the powers available under Section 36 of Tamil Nadu District Municipalities Act, 1920.)

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the resolution numbers 296 & 297 dated 24.01.2019 and resolution 316 & 317 dated 25.02.2019 passed by the 4th, 5th and 6th respondent in fixing the fees for the above Kaliyakkavilai morning market and padanthaloomoodu eveing market in Kanyakumari District for the years 2020 to 2023 and quash the same as illegal and direct the respondent to pass anew resolution to refix the fees and categories as per law.)

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents 1 to 3 to prevent the 4th respondent from collecting user fees, toll fees and any charges of similar or other kind in the Kaliyakkavilai Bus Stand where shops are temporarily allowed from any person and to ensure collection of user fee, and toll fees and any charges of similar or other kind in the Kaliyakkavilai vegetable and fish market by the licensee only after the execution of a valid contract and in strict compliance of the terms and conditions imposed in the tender notification of the 3rd respondent dated 04.03.2020 and to take action for the violations so far committed by the 4th respondent, in the light of the representations given by the petitioner dated 01.04.2020, 02.04.2020, 03.04.2020, 04.04.2020, 09.04.2020, 21.04.2020, 11.05.2020 and lastly on 16.05.2020.)

The issue that is involved in all these Writ Petitions is common and hence they are taken up together, heard and disposed of through this Common Order.

2. When the matter came up for hearing on 30.11.2023, this Court passed the following order :

"The subject matter of challenge in W.P(MD)No.13251 of 2021 pertains to four resolutions that were passed by the respondents 4 to 6. In resolution Nos.296 and 297, dated 24.01.2019 and resolution Nos.316 and 317, dated 25.02.2019, whereby, the fees was fixed for the Kaliyakkavillai Morning Market and Padanthaloomoody Evening Market in Kanyakumari District.

2. The main ground that was urged by the learned counsel for the petitioner is that the Special Officer, who was in charge of the concerned Panchayat before the Council was elected, exercised a legislative/statutory power that is vested with the Council and therefore, it is contended that the resolutions that were passed by the respondents 4 to 6 are illegal. It was further contended that the fees was raised exorbitantly to 300%/500%. The ground of malafides has also been raised as against the Executive Officer of the Panchayat.

3. W.P(MD)Nos.6386 of 2020 and 1611 of 2021 have been filed for issuing direction to the Government and also to the District Collector to take action against the Executive Officer of Kaliyakkavillai Town Panchayat, on the ground that the fees has been fixed by him exorbitantly in the Vegetable and Fish market and that apart, an exorbitant fees was collected than what was fixed in violation of terms of auction.

4. When the matters were came up for hearing on 23.11.2021, this Court directed the learned Special Government Pleader to take instructions as to what action was taken against the concerned person for collecting exorbitant fees.

5. When the matters were taken up for hearing today, the learned Special Government Pleader sought for some time to take instructions in this case and to make his submissions.

6. Post all these writ petitions under the caption ‘Part Heard Cases’ on 07.12.202