S.Karikalan And Others vs Commissioner

Senthilkumar Ramamoorthy, J

The petitioners assail an order dated 26.10.2021, by licence to collect fees from the users of the Madurai and Trichy bu at New Bus Stand, Thanjavur, were cancelled.

The petitioners state that they were the successful bi auction in respect of a licence to collect fees from the users of t Madurai and Trichy bus stay at New Bus Stand, Thanjavur. Pursuant thereto, it is stated that the petitioner in W.P.(MD)No.19834 of 20 a sum of Rs.10,82,500/- and the petitioner in W.P.(MD)No.19835 of 2 paid a sum of Rs.24,35,400/- respectively towards licence fees for first year. The petitioners state that such licence is for a period years extending from 01.04.2021 to 31.03.2024. Thereafter, the petitioners were informed that they had collected excess fees. Acco to the petitioners, they have not collected fees in excess of the p fees. However, they made a request to the Corporation to enhance th fee.

The petitioner in W.P.(MD)No.19834 of 2021 assails t impugned order on the ground that principles of natural justice wer violated. He was not provided a show cause notice. In addition, he not provided with copies of any of the documents that are cited in impugned order. As regards W.P.(MD)No.19835 of 20201, it is contended that a notice dated 22.10.2021 was issued. However, it is stated that such notice provided the petitioner only 24 hours time respond and the said notice indicated that the conclusion was predetermined.

Mr.N.Dilip Kumar, learned Standing Counsel, accepts no behalf of the Thanjavur Corporation. He points out that the impugne communications were issued to three persons, including the petition pursuant to an inspection conducted by the Public Accounts Committee He also points out that a meeting was conducted by the Public Accou Committee in the office of the District Collector, Thanjavur. While maintaining that the petitioners violated the terms and conditions licence, he submits that the impugned orders may be treated as show cause notices and the petitioners may submit their explanations in thereof. Upon receipt of such explanation, he submits that a reason order would be issued.

In view of the submissions of learned Standing Counsel Thanjavur Corporation, the writ petitions may be disposed of by directing the petitioners to treat the order dated 26.10.2021 as sh cause notices. Since the said communication refers to the inspectio the Public Accounts Committee and to proceedings of the Revenue Inspector and the Commissioner, the respondent is directed to provi the petitioners with copies of all documents which are proposed to relied upon in relation to the charges against the petitioners. Suc documents shall be provided within one week from the date of receipt a copy of this order. Upon receipt thereof, the petitioners shall s explanation to the respondent within fifteen (15) days from the dat receipt of such documents. Upon receipt of such explanations, the respondent shall consider such explanation and pass a reasoned orde within a period of one week from the date of receipt of the petition explanation. It is made clear that the respondent shall only rely u documents which were made available to the petitioners. Until a dec is taken by the respondent, no coercive action shall be taken to in with the business or dispossess the petitioner from the Madurai and Trichy Bus stay at Thanjavur New Bus stand. It is needless to say t petitioners are duty bound to comply with the terms and conditions licence in the conduct of business.

Accordingly, W.P(MD).Nos.19834 & 19835 of 2021 are disposed of on the above terms without any order as to costs. Consequently, connected W.M.P(MD).Nos.16521, 16527, 16522, 16526, 16525 & 16528 of 2021 are closed.