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2012 DIGILAW 2636 (MAD)

R. Kaviselvan v. State of Tamilnadu Represented by Managing Director

2012-06-25

M.JAICHANDREN

body2012
Judgment :- 1. This Writ Petition has been filed by the petitioners challenging the proceedings of the second respondent, informing the petitioners that the open auctions conducted, on 12.11.2008 and 13.11.2008, in respect of the housing plots, in Senniamman Koil Scheme, of the respondent housing board. 2. The main contention of the learned counsel appearing on behalf of the petitioners is that, eventhough the petitioners were the highest bidders, their bids were not accepted by the respondent housing board. Further, no reasons had been given by the respondents for not accepting the bids made by the petitioners. 3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that proper reasons has been given in the proceedings, dated 23.12.2008, issued by the Managing Director, Tamil Nadu Housing Board, for not accepting the bids made by the petitioners. He had further submitted that the rejection of the sale of Plot No. AA 357 is due to the fact that this Court had directed the Tamil Nadu Housing Board to reserve one site for recreation purposes. 4. The learned counsel had further submitted that the petitioner had participated in the auction knowing full well that the Auction Sale Confirmation Committee of the Tamil Nadu Housing Board had reserved the right to confirm or to reject the auction sale, without assigning any reason for the cancellation of the auction. He had further relied on the decision of a Division of this Court , dated 11.02.2009, made, in W.A.No.854 of 2007,wherein it had held that the Aucion Sale Confirmation Committee could reject the auction sale, without assigning any reason, as such a condition was forming a part of the terms and conditions of the auction sale. It had also held that no reasons need be given for such rejection. 5. The learned counsel had further submitted that the petitioners had participated in the auction sale, with the knowledge that such a condition existed in the terms and conditions of the auction sale and therefore it would not be open to the petitioners to challenge the rejection, even if no reasons have been given by the Auction Sale Confirmation Committee of the Tamil Nadu Housing Board. 6. 6. The learned counsel appearing on behalf of the respondents had placed before this court, an order of the Division Bench of this Court, dated 30.04.2010, made in W.A.Nos. 1139 and 1140 of 2008, wherein it had been held that if the reasons had not been given for the rejection of the sale, such an order would be liable to be set aside. However, in the present case, proper reasons had been given for the rejection of the auction sale, by the Auction Sale confirmation Committee. As such, the objections raised by the petitioners are devoid of merits. 7. In view of the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents, and on a perusal of the records available, this Court is of the view that the claims made by the petitioners cannot be accepted, eventhough the petitioners were the highest bidders as the Auction Sale Confirmation Committee had rejected their bid, as per the clause 11 of the terms and conditions of the auction sale. The reasons had been given by the Auction Sales Confirmation Committee for rejecting the bids made by the petitioners. In view of the decision of the Division Bench of this Court, dated 11.02.2009, made in W.A.No.854 of 2007, this Court is of the considered view that it is not open to the petitioners to claim that the Auction Sale Confirmation Committee does not have the power or the authority to reject their bids, without giving reasons for the same. However, in the present case, the Auction Sales Confirmation Committee has shown certain reasons for rejecting the bids made by the petitioners. In such circumstances, the contentions raised on behalf of the petitioners cannot be countenanced. As such, the present Writ Petition filed by the petitioners is devoid of Merits. Hence, it stands dismissed. No costs. Consequently, connected Miscallenous Petition is closed.