IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.1.2011
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.1111 of 2011
E.Nagaswami Petitioner
Vs
The District Collector
Collectorate Campus
Tiruvallur District
Tiruvellore Respondent
Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the Respondent to extend the time by 4 weeks from today to pay the balance of Bid amount of 90% in respect of Publication held on 12.01.2011 for grant of lease of stone quarry lease in respect of the stond quarry situated in S.NO.293/2(Part) measuring an extent of 5 Hectares in Suriya Nagaram Village, Thiruvellore Taluk,Thiruvallur District.
For petitioner : Mr.K.R.Krishnan
For respondent : Mr.R.Thirugnanam
Special Government Pleader
O R D E R
Mr.R.Thirugnanam, learned Special Government Pleader takes notice on behalf of the respondent.
2. This Writ Petition has been filed praying for a Writ of Mandamus, to direct the respondent, to extend the time limit by four weeks for paying the balance 90% of the bid amount, in respect of the tender -cum- auction held, on 12.01.2011, for the grant of lease, in respect of the stone quarry situated, in S.NO.293/2(Part), measuring an extent of 5 Hectares, in Suriya Nagaram Village, Thiruvallore Taluk,Thiruvallur District.
3.The petitioner had stated that he had participated in the tender cum- auction held on 12.01.2011, in respect of the stone quarry situated in S.NO.293/2(Part) measuring an extent of 5 Hectares, in Suriya Nagaram Village, Thiruvallore Taluk,Thiruvallur District. The petitioner was a highest bidder and therefore, his bid has been accepted by the respondent. The petitioner had paid 10% of the bid amount of Rs.10,55,000/-. However, the balance 90% of the bid amount was to have been paid by the petitioner, within one week from the date of the auction.
4.It is further stated that the petitioner had suffered a heart attack and he had been hospitalized and therefore, he could not arrange to pay the balance amount. He had also enclosed a certificate, dated 17.01.2011, issued by the senior civil surgeon, attached to the Government Hospital, Tiruttani, to support his claim.
In such circumstances, this Court finds it appropriate to direct the respondents, to accept the balance 90% of the bid amount from the petitioner,which is to be paid, within a period of ten days from today. It is made clear that on the failure of the petitioner, to pay the balance 90% of the bid amount, within the time limit permitted by this Court, it would be open to the respondent, to take appropriate proceedings, as per law.
This Writ Petition is ordered accordingly. No costs.
To:
The District Collector
Collectorate Campus
Tiruvallur District
Tiruvellore
arr