JUDGMENT : P.D. AUDIKESAVALU, J. 1. Since the issue involved in the Writ Appeal and the Writ Petition are one and the same they are taken up together for disposal. 2. The Petitioner in W.P. (MD) No. 5788 of 2018, who is a retired Additional Director General of Police in Haryana State and now residing in Nilakottai, Dindigul District, has filed this Public Interest Litigation, challenging the re-tender notification No. Na. Ka. No. 1/2018/A2 dated 05.03.2018, issued by the Nilakottai Town Panchayat, (a) for grant of licence to collect fee by conducting Daily Market and Weekly Market fixing upset price of Rs.10,00,000/- for the period from 01.04.2018 to 31.03.2019, and (b) for grant of licence to collect fee for the public lavatory in the Bus Stand, Town Panchayat Office, Weekly Shandy, slaughter house and yield of tamarind from tamarind trees under its control fixing upset price therein, for the period from 01.04.2018 to 31.03.2019 and for consequential direction to issue fresh tender with wide publicity in a transparent manner to enable all tenderers to participate. 3. The intra-court appeal (W.A. (MD) No. 540 of 2018) arises from the order dated 19.03.2018 in W.P. (MD) No. 5754 of 2018 filed by the appellant challenging the same tender notification, which was dismissed by the learned Judge on the sole ground that the Writ Petition was infructuous at the very inception since the auction had already been held on 16.03.2018. 4. The main grievance of the Petitioner in W.P. (MD) No. 5788 of 2018 and the Appellant in W.A. (MD) No. 540 of 2018, is that the Executive Officer, Nilakottai Town Panchayat, had not given wide publicity of the tender to ensure effective participation by all intending tenderers and in particular, it is pointed out that the publication of the tender in the Makkal Kural Daily Newspaper on 08.03.2018 did not have wide circulation. Reliance in this regard is placed on Section 9(3) of the Tamil Nadu Transparency in Tenders Act, 1998, read with Rule 11 of the Tamil Nadu Transparency in Tender Rules, 2000. 5. Before proceeding further, it would be appropriate to refer to the self-explanatory order dated 27.03.2018 in W.P. (MD) No. 5788 of 2018 passed by this Court, which is extracted below:- “Mr. 5. Before proceeding further, it would be appropriate to refer to the self-explanatory order dated 27.03.2018 in W.P. (MD) No. 5788 of 2018 passed by this Court, which is extracted below:- “Mr. Aayiram K.Selvakumar, learned Standing Counsel appearing for the Third Respondent has produced Tamil Vernacular News Daily, Madurai Edition dated 08.03.2018 and invited the attention of this Court to page No. 4 and would submit that insofar as the auction is concerned, wide publication has been given in an accredited Newspaper and it cannot be said that there was no transparency. 2. However, the learned Counsel appearing for the Petitioner has also produced the very same newspaper edition dated 08.03.2018 and invited the attention of this Court to page No. 4, which does not contain the said advertisement at all. 3. This Court has also perused both the newspapers and found that in the Newspaper Daily, dated 08.03.2018, submitted by the Petitioner in Page No. 4, no such advertisement has been published. 4. Mr. M. Murugan, learned Government Advocate appearing for the Official Respondents seeks time for clarification.” 6. The Fourth and Fifth Respondents, who were impleaded by order dated 27.03.2018 in W.M.P. (MD) Nos. 6191 and 6192 of 2018 in W.P. (MD) No. 5788 of 2018 and the Sixth Respondent, who was impleaded by order dated 24.07.2018 in W.M.P. (MD) No. 11996 of 2018 in W.P. (MD) No. 5788 of 2018, are the successful bidders in the impugned tender. 7. We have heard the learned Counsel appearing for the respective parties in these cases and have considered their submissions. 8. It is represented that in view of the interim order passed by this Court on 19.03.2018 in W.M.P. (MD) No. 5667 of 2018 in W.P. (MD) No. 5788 of 2018, the result of the tender has not been declared till date. Having regard to the discrepancy in the publication of the notification of the impugned tender in the Makkal Kural on 08.03.2018 as noticed by this Court in the order dated 27.03.2018 extracted supra, the Executive Officer, Nilakottai Town Panchayat, pursuant to the directions of this Court, has filed an affidavit dated 15.11.2018 stating as follows:- “3. I respectfully submit that the above Writ Petition and Writ Appeal were listed for hearing before this Hon'ble Court on 14.12.2018. I respectfully submit that the above Writ Petition and Writ Appeal were listed for hearing before this Hon'ble Court on 14.12.2018. This Hon'ble Court after taking into consideration of the issue involved in the Writ Petition and remaining period of lease upto 31.03.2019, was pleased to direct me to file an affidavit to effect that the Auction cum Tender Notification in Roc. No. 1/2018 published in Makkal Kural daily dated 08.03.2018 to be withdrawn and fresh Auction cum Tender to be floated. 4. I respectfully submit that we are ready to withdraw the Auction cum Tender Notification issued in Makkal Kural Newspaper dated 08.03.2018 and we would conduct the fresh Auction cum Tender by publishing the Notification in the Newspaper based on the order to be passed by this Hon'ble Court.” 9. In this backdrop, the learned Counsel appearing for the respective parties, in order to balance the equities, have agreed for issuing the following directions:- (i) The impugned notification of the tender, said to have been published in Makkal Kural Newspaper on 08.03.2018, shall stand set aside. (ii) The bid amount deposited by the successful bidders pursuant to the aforesaid notification, shall be refunded to them without interest on or before 30.11.2018. (iii) The Executive Officer, Nilakottai Town Panchayat, Dindigul District, shall forthwith issue a fresh notification:- (a) for grant of licence to collect fee by conducting Daily Market and Weekly Market fixing upset price; and (b) for grant of licence to collect fee for the public lavatory in the Bus Stand, Town Panchayat Office, Weekly Shandy, slaughter house and yield of tamarind from tamarind trees under its control fixing upset price therein, for the period of licence from 11.12.2018 to 31.03.2019. (iv) The notification of the aforesaid tender shall be published on 22.11.2018 in the Madurai Edition of Thina Thanthi daily newspaper circulating in Nilakottai Town in Dindigul District. (v) The bids for the tender shall be received till 3.00 p.m. on 06.12.2018, and shall be opened at 11.00 a.m. on 07.12.2018 for evaluation in the presence of all the bidders and the public auction shall be conducted only amongst the qualified tenderers at 4.00 p.m. on that day. (vi) The resolution of the Town Panchayat for approval of the successful bidders shall be placed before the Assistant Director of Town Panchayat and the proceedings for handing over the works shall be made on 10.12.2018. (vi) The resolution of the Town Panchayat for approval of the successful bidders shall be placed before the Assistant Director of Town Panchayat and the proceedings for handing over the works shall be made on 10.12.2018. (vii) It shall be ensured that all other legal requirements including the relevant provisions of the Tamil Nadu Transparency in Tenders Act, 1998, and the Rules made thereunder, are scrupulously followed. (viii) The action report shall be filed by the Executive Officer, Nilakottai, with copies of supporting documents before the Registrar (Judicial) of this Court on 11.12.2018. 10. At the conclusion of the hearing, it was brought to the notice of this Court by the Executive Officer, Nilakottai Town Panchayat, who has appeared in person, that there is imminent threat to his personal security as well as that of his family members from certain persons on account of the decision communicated by him today before this Court to conduct re-tender and that he has given a complaint dated 15.11.2018 to the Inspector of Police, Taluk Police Station, Dindigul, in this regard, and a copy of the same been produced. Hence, we direct the Inspector of Police, Taluk Police Station, Dindigul, to provide police protection to Mr. M. Kottaisamy, Executive Officer (in-charge), Nilakottai Town Panchayat, and his family members and also ensure that required number of police personnel are made available to provide security for the smooth conduct of the entire tender process. The Superintendent of Police, Dindigul District, shall supervise its implementation and receive reports from the Inspector of Police on daily basis and verify the correctness of the same. 11. In the upshot, W.A. (MD) No. 540 of 2018 is allowed and the order dated 19.03.2018 in W.P. (MD) No. 5754 of 2018 is set aside, and W.P. (MD) Nos. 5754 and 5788 of 2018 shall stand disposed on the aforesaid terms. Consequently, connected Miscellaneous Petitions are closed. No costs.