JOTHI, V. THE COMMISSIONER,

WP(MD)/4735/2014

AI Insights

The case involves three writ petitions filed by Jothi and Senthil Kumar against the Commissioner of Palani Municipality, challenging the cancellation of their licenses to collect fees from users of municipal toilets and their subsequent blacklisting. The petitioners argued that the cancellation and blacklisting were unjustified as they had eventually made the delayed payments and were not chronic defaulters. The court examined the procedures followed by the Municipality in cancelling the licenses and blacklisting the petitioners, focusing on the lack of a personal hearing and the nature of the petitioners' previous conduct.

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 727794 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 01-09-2014
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P SRINIVAS
• Assessee Lawyers: R GANDHI
• Keywords: Blacklisting; Certiorarified Mandamus; Tender-cum-auction notification; License period; Toll fee collection
• Section: Na.Ka.No.4512/2012/A1

Judgement Text

"1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2014 CORAM: THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD) Nos.4735, 4736 & 4737 of 2014 and M.P.(MD) Nos.1, 2 & 3 of 2014 in all W.Ps Jothi ..Petitioner in W.P.(MD) Nos.4735 & 4737 of 2014 Senthil Kumar ..Petitioner in W.P.(MD) No.4736 of 2014 -vs- The Commissioner Palani Municipality Palani, Dindigul District ... Respondent in all W.Ps PRAYER (W.P.(MD) No.4735 of 2014): Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the respondent in his proceedings in Na.Ka.No.4512/2012/A1, dated 17.02.2014 and consequential tender-cum-auction notification, dated 11.02.2014 in Na.Ka.No.4512/2012/A1 published in 'Thina Thanthi' daily, dated 25.02.2014 and quash the same in sofar as the 11th item is concerned and consequentially to forbear the respondent from in any way interfering with the collection of toll fee for the usage of bathroom and toilet situated at south east corner of new extended bus stand till the expiry of the license period of three years i.e., 01.04.2013 to 31.03.2016. PRAYER (W.P.(MD) No.4736 of 2014): Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the respondent in his proceedings in Na.Ka.No.4512/2012/A1, dated 17.02.2014 and consequential tender-cum-auction notification, dated 11.02.2014 in Na.Ka.No.4512/2012/A1 published in 'Thina Thanthi' daily, dated 25.02.2014 and quash the same in sofar as the 5th item is concerned and consequentially to forbear the respondent from in any way interfering with the collection of toll fee for the usage of bathroom and toilet situated at Ettery Road, Palani Adivaram, till the expiry of the license period of three years i.e., 01.04.2012 to 31.03.2015. PRAYER (W.P.(MD) No.4737 of 2014): Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the respondent in his proceedings in Na.Ka.No.4512/2012/A1, dated 17.02.2014 and consequential tender-cum-auction notification, dated 11.02.2014 in Na.Ka.No.4512/2012/A1 published in 'Thina Thanthi' daily, dated 25.02.2014 and quash the same in sofar as the 10th item is concerned and consequentially to forbear the respondent from in any way interfering with the collection of toll fee from the buses passing through V.O.C. Bust Stand till the expiry of the license period of three years i.e., 19.04.2013 to 18.04.2016. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioners : Mr.R.Gandhi (in all W.Ps) For Respondent : Mr.P.Srinivas (in all W.Ps) C O M M O N O R D E R Since the relief sought for in all these writ petitions are identical, all these writ petitions are clubbed, heard together and disposed of by this common order. With the consent of both parties, all these writ petitions are taken up for final disposal. 2. In all these writ petitions, the petitioners are licencees of the respondent Municipality, wherein they have been granted licence to collect fees from the users of the pay and use toilet located in the municipal area. Admittedly, the petitioners did not pay the bid amount within the time limit. The fact remains that the payments subsequently made after a delay of almost eight months. Apart from cancelling the licences issued to the petitioners, the respondent issued a notification for fresh tender-cum-auction and parallely the petitioners were also blacklisted of the contractors of the respondent Municipality. 3. This Court at the time of entertaining the writ petitions directed the petitioners to pay Rs.5,00,000/- each. Though the said orders have been complied with belatedly, the fact remains that as on date the entire amount has been paid. That apart as regards the blacklist is concerned the petitioners must be given an opportunity of hearing before their names are put on the blacklist. On perusal of the materials available on record, it is seen that the petitioners have not been afforded opportunity of personal hearing and further the petitioners are not chronic defaulters or their earlier conduct is not bad excepting this solitary incident. Therefore, the respondent Municipality should have granted one more opportunity to the petitioners. 4. In the result, all these writ petitions are allowed and the impugned order, dated 17.02.2014 and the consequential tender-cum-auction notification, dated 11.02.2014, are set aside in sofar as the petitioner are concerned and the order of blacklisting the petitioners are also set aside. According to the learned counsel for respondent, service tax and income tax are yet to be paid. The learned counsel for the petitioners produced a no due certificate, which has been issued by the respondent Municipality. On perusal of the same, it is seen that it pertains to only for lease amount and it does not include any service tax, income tax and other taxes. If that be so, the petitioners shall remit the same, within a period of three weeks from the date of receipt of a copy of this Order. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(Per Admn) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: The Commissioner, Palani Municipality, Palani, Dindigul District. +1cc to M/s.R.Gandhi, Advocate in SR.49181 +1cc to M/s.P.Srinivas, Advocate in SR.49148 W.P.(MD) Nos.4735, 4736 & 4737 of 2014 01.09.2014 krk PBK 11/09/2014 ::3P-4C: https://hcservices.ecourts.gov.in/hcservices/ "