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2004 DIGILAW 1194 (MAD)

T. Manokaran v. The Superintending Archaeologist, Archaeological Survey of India & Another

2004-09-17

A.K.RAJAN

body2004
Judgment :- This Writ Petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the Notification issued by the first respondent in Ref.No.2/4/TJ/2000/M/3054 dated 9.7.2004 and quash the same, and to direct the respondents to renew the lease for running shoe repository, selling soft drinks and collecting parking fee for cycle and two wheelers at Sri Pragadheeswarar Temple at Thanjavur for a further period from 1.7.2004 at the proportioned rate as per prevailing condition. 2. The petitioner was the successful bidder in the tender called for by the respondents for the period from 1.8.2003 to 31.7.2004. Learned counsel for the petitioner submits that when the petitioner was a contractor for running shoe repository, selling soft drinks and collecting parking fee for cycle and two wheelers at Sri Pragadheeswarar Temple at Thanjavur, a circular was issued by the Government of Tamil Nadu quashing the fee collecting for shoes, which resulted in loss to the petitioner and therefore, he has right to continue the lease even beyond that period. This argument cannot be acceptable. 3. If the petitioner has suffered any loss due to the action of the State, it is for him to take appropriate proceedings for damages caused to him. Preventing the fee collection for shoe repository does not give him right to challenge the tender called for by the respondents for the subsequent years. On this ground, the Writ Petition is dismissed. No costs. Consequently, WPMP No.25428 of 2004 and WVMP No.1442 of 2004 are closed.