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M/s. Thai Media Entertainment Rep by its Proprietor Abuthahir Vs. The State of Tamil Nadu Rep. By The Secretary to Government Tamil Development and Information (Exhibition) Department Secretariat and Others - Court Judgment

LegalCrystal Citation
CourtChennai High Court
Decided On
Case NumberWrit Petition No. 31399 of 2016 & WMP.Nos. 27251 & 27252 of 2016
Judge
AppellantM/s. Thai Media Entertainment Rep by its Proprietor Abuthahir
RespondentThe State of Tamil Nadu Rep. By The Secretary to Government Tamil Development and Information (Exhibition) Department Secretariat and Others
Excerpt:
.....maidan, voc ground located at avinashi, coimbatore, was allotted to the 5th respondent, for conducting exhibition, contending that the petitioner alone has applied for the allotment of the said ground for conducting exhibition. 2. though many contentions were raised, mr.ayyadurai, learned additional advocate general appearing for respondents 1 to 4 would submit that the petitioner would be allotted the said v.o.c.ground, for conducting business from 03.11.2016 to 04.12.2016. the said statement is recorded. 3. accordingly, the 3rd respondent is directed to allot the said ground to the petitioner for the period from 03.11.2016 to 04.12.2016. after the said period is over, if the respondents wanted to allot the said ground for conducting exhibitions or for any other purpose, an open.....
Judgment:

(Prayer: Writ Petition filed praying to issue a Writ of Certiorarified Mandamus calling for the records and to quash the impugned order Na.Ka.No.5083/2016/A7(Ma) issued by the 4th respondent dated 26.08.2016, as being arbitrary and to direct the respondent to consider the application made by the petitioner dated 11.07.2016.

The petitioner has come before this court, challenging the order passed by the 4th respondent dated 26.08.2016, by which the V.O.C.Park Maidan, VOC Ground located at Avinashi, Coimbatore, was allotted to the 5th respondent, for conducting exhibition, contending that the petitioner alone has applied for the allotment of the said ground for conducting exhibition.

2. Though many contentions were raised, Mr.Ayyadurai, learned Additional Advocate General appearing for respondents 1 to 4 would submit that the petitioner would be allotted the said V.O.C.Ground, for conducting business from 03.11.2016 to 04.12.2016. The said statement is recorded.

3. Accordingly, the 3rd respondent is directed to allot the said ground to the petitioner for the period from 03.11.2016 to 04.12.2016. After the said period is over, if the respondents wanted to allot the said ground for conducting exhibitions or for any other purpose, an open notification has to be given, inviting all the parties through paper publication so that highest income can be fetched by the 3rd respondent, which can be used for improving the infrastructure.

4. First come first serve basis would lead to misuse of power and illegal allotments and thereby causing loss to the local bodies; only when auction is conducted, it will enable the 3rd respondent to get higher income by participation of willing parties. The procedure for allotment should be followed very strictly in the interest of local bodies.

5. Mr.Ayyadurai, learned Additional Advocate General, further submits that for the period from 07.12.2016 to 16.01.2017, a decision has already been taken to allot the said ground to some 3rd parties, and therefore, tenders for auctioning the exhibition rights of the ground should be open from February 2017 onwards for conducting exhibitions on the last week of January, 2017. The said submission is also recorded.

The Writ Petition is disposed of with the above observation. No costs. Consequently, connected MPs are closed.


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