Case Note & Summary
The petitioner, A.Kalyani Kumar, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Mandamus to restrain the fourth respondent, the Executive Officer of the Special Grade Town Panchayat, Valliyur, from conducting or confirming tenders for shops in Arignar Anna Pudhiya Perunthu Nilayam Bus Stand and New Market at Valliyur, Tirunelveli District, without completing construction and providing basic amenities such as free public toilets, disabled-friendly toilets, electricity connection, water supply, passengers waiting area, cloak room, underground drainage, etc., within the time frame stipulated by the Court. The matter came before a Division Bench comprising Justice M.S.Ramesh and Dr. Justice A.D.Maria Clete. By consent of both sides, the writ petition was taken up for final disposal at the admission stage. The learned Standing Counsel for the Panchayat submitted that the tender for allotment of shops in the bus stand had already been conducted on 18.12.2024, shops had been allotted to successful bidders, and the allotment was approved by the Council on 31.12.2024. Regarding the New Market, the Standing Counsel submitted that the tender had been deferred. In light of these submissions, the Court found that the prayer sought had become infructuous. Accordingly, the writ petition was dismissed with no order as to costs, and the connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Writ of Mandamus - Infructuous Prayer - The petitioner sought a mandamus to restrain the respondent from conducting or confirming tenders for shops in Arignar Anna Bus Stand and New Market without completing construction and providing basic amenities. The court held that since the tender for the bus stand had already been conducted and approved by the Council, and the tender for the New Market had been deferred, the prayer had become infructuous. Consequently, the writ petition was dismissed. (Paras 2-4)
Issue of Consideration
Whether the writ petition seeking to restrain the respondent from conducting or confirming tenders for shops without providing basic amenities has become infructuous.
Final Decision
The writ petition was dismissed as infructuous. No order as to costs. Connected miscellaneous petition closed.
Law Points
- Writ of Mandamus
- Infructuous prayer
- Dismissal of writ petition
