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HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C.V. KARTHIKEYAN
POTTAMMAL – Appellant
Versus
THANJAVUR MUNICIPAL CORPORATION – Respondent
WP(MD)/15157/2021
A municipality has the right to auction shops that are in its possession and that are not subject to a statutory tenancy.
Headnote:
AUCTION - TENDER - MUNICIPALITY - [KEYWORD] - The respondent, Thanjavur Municipal Corporation, had issued a tender notification to auction eight shops situated at Saraboji College Road, near New Bus Stand, Thanjavur. The petitioners, who were the licensees of the shops, challenged the notification, alleging that they had been in possession of the shops for a long time, that they had paid the license fees without default, and that the respondent had no right to terminate their licenses. The respondent contended that the petitioners had encroached upon additional area, had sublet the shops, and had defaulted in the payment of license fees. The respondent also alleged that the petitioners had produced forged and fabricated documents to support their claim of renewal of license. The Court held that the respondent had the right to auction the shops and that the petitioners had no right to question such step. The Court also held that the petitioners had come to Court with forged and fabricated documents and that they had abused the process of Court. The Court dismissed the petitions with costs.
Fact of the Case:
The petitioners were the licensees of eight shops situated at Saraboji College Road, near New Bus Stand, Thanjavur. The respondent, Thanjavur Municipal Corporation, issued a tender notification to auction the shops. The petitioners challenged the notification, alleging that they had been in possession of the shops for a long time, that they had paid the license fees without default, and that the respondent had no right to terminate their licenses. The respondent contended that the petitioners had encroached upon additional area, had sublet the shops, and had defaulted in the payment of license fees. The respondent also alleged that the petitioners had produced forged and fabricated documents to support their claim of renewal of license.
Finding of the Court:
The Court held that the respondent had the right to auction the shops and that the petitioners had no right to question such step. The Court also held that the petitioners had come to Court with forged and fabricated documents and that they had abused the process of Court.
Issues: 1. Whether the respondent had the right to auction the shops?2. Whether the petitioners had the right to question the auction?3. Whether the petitioners had produced forged and fabricated documents?4. Whether the petitioners had abused the process of Court?
Ratio Decidendi: 1. The Court held that the respondent had the right to auction the shops because the petitioners were only licensees and had no right to a statutory tenancy.2. The Court held that the petitioners had no right to question the auction because they had not been granted a license in their own names and had not applied to mutate the license in their names after the death of their respective husbands.3. The Court held that the petitioners had produced forged and fabricated documents because the respondent had lodged complaints with the District Crime Branch, who had registered First Information Reports against the petitioners.4. The Court held that the petitioners had abused the process of Court because they had come to Court with forged and fabricated documents and had also filed a suit in the District Munsif Court, Thanjavur, without impleading the respondent as a defendant in the suit.
Final Decision: The Court dismissed the petitions with costs.
W.P.(MD)No.15157 to 15160 and 18599 to 18602 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 16.12.2021
PRONOUNCED ON : 11.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)Nos.15157 to 15160 and 18599 to 18602 of 2021
and
W.M.P.(MD)Nos.12102, 12106, 12108, 12111, 15334, 15340, 15337,
15338, 17204, 17208, 17209, 17210, 17211, 17204, 17207, 17206 and
17205 of 2021
1.Pottammal
... Petitioner in WP(MD).15157 of 2021
2.I.Gnanakumari
... Petitioner in WP(MD).15158 of 2021
3. Mani
... Petitioner in WP(MD).15159 of 2021
4. Banumathy
... Petitioner in WP(MD).15160 of 2021
5. Pottammal
... Petitioner in WP(MD).18599 of 2021
6. Banumathy
... Petitioner in WP(MD).18600 of 2021
7. Mani
... Petitioner in WP(MD).18601 of 2021
8. I. Gnanakumari. ... Petitioner in WP(MD).18602 of 2021
vs.
Thanjavur Muncipal Corporation,
through its Commissioner, Thanjavur.
... Respondent
Prayer in WP(MD). 15157 to 15160 of 2021 : Writ Petition filed under
Article 226 of the Constitution of India for issuance of Writ of
Certiorari,to call for the records relatin gto the tender
notification, dated 27.07.2021 in Na.Ka.No.7485/2015.M.C.A.5 of the
respondent Corporation published in Dailly Thanthi Newspaper on
17.08.2021 for auctioning the Shop No.1, situated at Saraboji
College Road, nearby New Bus Stand, Thanjavur, which is in
possession of the petitioner herein and quash the same as illegal.
Prayer in WP(MD). 18599 to 18602 of 2021 :
Writ Petition is filed under Article 226 of the
Constitution of India, praying this Court To issue a Writ of
Certiorari or any other appropriate writ or order or direction in
the nature of writ of Certiorari calling for the records relating to
the impugned proceedings in Na.Ka.No.7485/2015/MCA5, dated
01/10/2021 , issued by the respondent corporation and quash the same
as illegal and pass such further or other orders as this Honble
Court may deem fit and proper in the circumstances of the case and
thus render justice
For Petitioner
:Mr.VR.Shanmuganathan
(in all WP's )
For Respondent
:Mr.N.Dilip Kumar
(in all WP's)
1/12
https://hcservices.ecourts.gov.in/hcservices/
W.P.(MD)No.15157 to 15160 and 18599 to 18602 of 2021
COMMON ORDER
W.P(MD)Nos.15157 and 18599 of 2021 have been filed by
Pottammal, both in the nature of Certiorari, respectively
questioning the tender notification dated 27.07.2021 of the
respondent bringing to auction, Shop No.1 at Saraboji College Road,
near New Bus Stand Thanjavur, and questioning the proceedings dated
01.10.2021 issued by the respondent cancelling the license of the
said shop granted to her late husband S. Sundaram.
2.W.P(MD)Nos.15158 and 18602 of 2021 have been filed by
I.Gnanakumari, both in the nature of Certiorari, respectively
questioning the tender notification dated 27.07.2021 of the
respondent bringing to auction, Shop No. 6 at Saraboji College Road,
near New Bus Stand Thanjavur, and questioning the proceedings dated
01.10.2021 issued by the respondent cancelling the license of the
said shop.
3.W.P(MD)Nos.15159 and 18601 of 2021 have been filed by Mani,
both in the nature of Certiorari, respectively questioning the
tender notification dated 27.07.2021 of the respondent bringing to
auction, Shop Nos. 4 & 5 at Saraboji College Road, near New Bus
Stand Thanjavur, and questioning the proceedings dated 01.10.2021
issued by the respondent cancelling the license of the said shops.
4.W.P(MD)Nos.15160 and 18600 of 2021 have been filed by
Banumathy both in the nature of Certiorari, respectively questioning
the tender notification dated 27.07.2021 of the respondent bringing
to auction, Shop Nos. 2 & 3 at Saraboji College Road, near New Bus
Stand Thanjavur, and questioning the proceedings dated 01.10.2021
issued by the respondent cancelling the license of the said shops
granted to her late husband Sekar.
4.In the affidavits
