WP.No.2740 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR

WP.No.2740 of 2023

B.Muthukumar

.. Petitioner

Versus

1.The Member Secretary

Chennai Metropolitan Development Authority

Construction Wing, Tower – III

E Road, Opp to Koyambedu Fruit Market

Koyambedu, Chennai – 600 107

2.The Superintending Engineer/Estate Officer

Construction Wing, Chennai Metropolitan Development

Authority Tower-II, CMDA

Egmore, Chennai – 600 008

3.Sirigiri Chitti

4.Sirigiri Seshiah

5.Sirigiri Swathi

6.Sirigiri Ramprasad

7.The Chairperson

TANTEA

Secretariat

Chennai – 600 009

.. Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India

praying to issue a Writ of Mandamus, to direct the first and second respondent

to conduct the Tender cum Auction for the commercial shops bearing No.A1

and A3 located at Madhavaram Moffusil Bus Terminus, Madhavaram at the

earliest to provide the shops upon monthly rental basis for carrying out

commercial activity.

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WP.No.2740 of 2023

For Petitioner

: Mr.S.Makesh

For Respondent : Mrs.R.Revathi for R1 & R2

Government Advocate

ORDER

This writ petition is filed seeking to direct the first and second

respondent to conduct the Tender cum Auction for the commercial shops

bearing No.A1 and A3 located at Madhavaram Moffusil Bus Terminus,

Madhavaram at the earliest to provide the shops upon monthly rental basis for

carrying out commercial activity.

2. It is the grievance of the writ petitioner is that he is working as helper

assistant in commercial shop of lessee of the respondents 1 and 3 at

Madhavaram Moffusil Bus Terminus at Chennai. There are 10 shops in the

Madhavaram bus stand for which the respondents 1 and 2 called for Tender

Cum Auction in the year 2019. After the process of auction, the shops were

allotted under the 11 months lease agreement. While so, one Mr.Karuppaiah

was allotted a shop. The said Mr.Karuppaiah provided a copy of the letter

dated 20.10.2022 addressed by the first respondent that his license has been

cancelled and the above shop was re-alloted to the fourth respondent during

the year 2020. Similar other shops were also alloted to others.

3. It is the grievance of the petitioner that without conducting public

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WP.No.2740 of 2023

auction, the shops have been allotted, whereas, the counsel appearing for the

respondents 1 and 2, on instructions, submitted that the shops have been

allotted by following the Rules and also by inviting tender; still there are four

shops available and the same will be auctioned in the due course by following

procedures.

4. Such view of the matter, for the remaining shops available, this Court

directs the official respondents to follow the procedure by inviting the tender

without any further delay. Accordingly, this writ petition stands disposed of.

No costs.

09.02.2023

dhk

Index:Yes/No

Internet: Yes/No

To

1.The Member Secretary

Chennai Metropolitan Development Authority

Construction Wing, Tower – III

E Road, Opp to Koyambedu Fruit Market

Koyambedu, Chennai – 600 107

2.The Superintending Engineer/Estate Officer

Construction Wing, Chennai Metropolitan Development

Authority Tower-II, CMDA

Egmore, Chennai – 600 008

N.SATHISH KUMAR, J.

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WP.No.2740 of 2023

dhk

3.The Chairperson

TANTEA

Secretariat

Chennai – 600 009

W.P.No.2740 of 2023

09.02.2023

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