W.P.No.32416 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.03.2025 CORAM: THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.32416 of 2017 and W.M.P.Nos.35705 & 35706 of 2017 V.Mani ...Petitioner -Vs- 1.The Special Officer, Tirukovilur Town Panchayat, Tirukovilur, Villupuram District. 2.The Executive Officer, Tirukovilur Town Panchayat, Tirukovilur, Villupuram District. 3.The Commissioner, Tirukovilur Municipality, Kallakurichi District. **R-3 suo motu impleaded by this Court vide order dated 12.03.2025 made in W.P.No.32416 of 2017 ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, calling for the records of the respondents in their proceedings 1/6 https://www.mhc.tn.gov.in/judis W.P.No.32416 of 2017 Na.Ka.No.A1/185/2013 dated 13.11.2017 published in the dinamalar newspaper dated 18.11.2017 and quash the same and further direct the respondents to invite tender on monthly rent basis for shops No.1 to 24 situated at Tirukovilur Bus Stand, Tirukovilur, Villupuram District and pass such further orders. For Petitioner : Mr.B.Jawahar For Respondents : Ms.P.Aishwarya, Government Advocate O R D E R This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondents in their proceedings Na.Ka.No.A1/185/2013 dated 13.11.2017 published in the dinamalar newspaper dated 18.11.2017 and quash the same and further directing the respondents to invite tender on a monthly rent basis for shops No.1 to 24 situated at Tirukovilur Bus Stand, Tirukovilur, Villupuram District. 2. The case of the petitioner is that the respondents have constructed commercial shops in Tirukovilur Bus Stand, relating to which they called for tender. The said tender notice was published in Dinamalar Daily on 18.11.2017, and as per the tender cum auction notice, the last date for 2/6 https://www.mhc.tn.gov.in/judis W.P.No.32416 of 2017 inviting tender was 30.11.2017, and on the same day at about 11.30 a.m., the auction would be conducted. Pursuant to the same, the petitioner paid a sum of Rs.2,50,000/- towards the EMD and submitted the application for shop No:10. Thereafter, the 2nd respondent issued a letter, permitting the petitioner to participate in the auction. 3. The grievance of the petitioner is that on 30.11.2017, the respondents refused to permit the petitioner and similar others to participate in the auction process. Aggrieved by the same, the petitioner has come up with the present writ petition. 4. Learned counsel appearing for the petitioner would submit that pursuant to the notification dated 30.11.2017, the petitioner has deposited the EMD amount of Rs.2,50,000/-, he requested to refund the EMD amount, and the same is not refunded to the petitioner till date. 5. Learned counsel further submitted that at the time of filing the writ petition, it was a Town Panchayat, but now it has been upgraded as Municipality. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.32416 of 2017 6. Learned Government Advocate appearing for the respondents submitted the written instructions from the Commissioner, Tirukovilur Municipality, Kallakurichi District vide Na.Ka.No.00098/2025/F-1 dated 08.03.2025, wherein it is stated as follows: @fs;sf;Fwpr;rp khtl;lk; jpUf;nfhtpYhu; efuhl;rp ngUe;J epiya filfs; Fj;jif 30/11/2017 md;W eilbgw;w blz;lu; kw;Wk; Vyj;jpy; blghrpl; kw;Wk; Vy bjhif itg;g[j;bjhif brYj;jpa midtUk; Vyj;jpy; fye;J bfhz;ldu;/ itg;g[j;bjhif U:/2.50.000-? gzk; brYj;jp 279 egu;fs; g';F bgw;wdu;/ Vyj;jpy; muR epu;zapj;j bjhifapid tpl mjpfkhf nfl;ltu;fSf;F Vyk; tplg;gl;lJ/ jpUf;nfhtpYhu; efuhl;rp ngUe;J epiya filfs; Fj;jif ,dk; 24 fil Vyk; vLj;jtu;fs; jtpu;j;J Vyk; fpilf;fg;bgwhjtu;fs; mg;bghGija ngU:uhl;rpapy; DEPOSIT RETRUN FORM gotj;jpy; t';fp fzf;F vz; epug;gp itg;g[j;bjhif bgw;Wtpl;ldu;/ jpU/tp/kzp vd;gtu; brd;id cau; ePjp kd;wj;jpy; tHf;F bjhlu;e;J DEPOSIT RETRUN FORM gotj;jpy; t';fp fzf;F vz; epug;gp itg;g[j;bjhiff;F fojk; bfhLf;fhj fhuzj;jhy; itg;g[j;bjhif ju ,aytpy;iy vd;gij j';fSf;F bjhptpj;Jf;bfhs;fpnwd;/@ S.No. NAME DEPOSIT AMOUNT 5% FOR 7 YEARS 1 V.MANI 250000 87500 7. Learned Government Advocate would further submit that 8 weeks time may be granted to the respondents to refund/settle the same to the petitioner. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.32416 of 2017 8. It is further submitted that since the Town Panchayat has been upgraded as a Municipality and now the Commissioner is the Head of the Municipality, it is necessary to implead the Commissioner as a party in the present writ petition. 9. Heard both sides and perused the materials available on record. 10. In view of the above submission, this Court suo motu impleads the Commissioner, Tirukovilur Municipality, Kallakurichi District, the 3rd respondent in the above writ petition since he has to refund/settle the EMD amount to the petitioner. 11. In view of the above facts and circumstances of the case, the 3rd respondent is directed to refund/grant/settle a sum of Rs.2,50,000/- EMD along with 5% interest for 7 years of Rs.87,500/-, totalling Rs.3,37,500/- [Rupees Three Lakhs Thirty Seven Thousand Five Hundred only] within a period of eight (8) weeks from the date of receipt of a copy of this order. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.32416 of 2017 J.SATHYA NARAYANA PRASAD, J. In the result, the writ petition stands disposed of with the above observations and direction. No costs. Consequently, connected miscellaneous petitions are closed. 12.03.2025 cda Index : Yes/No Speaking/Non Speaking order To 1.The Special Officer, Tirukovilur Town Panchayat, Tirukovilur, Villupuram District. 2.The Executive Officer, Tirukovilur Town Panchayat, Tirukovilur, Villupuram District. 3.The Commissioner, Tirukovilur Municipality, Kallakurichi District. W.P.No.32416 of 2017 6/6 https://www.mhc.tn.gov.in/judis