M.Seik Abdulla v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 768 and 769 of 2024 M.Seik Abdulla ... Petitioner -vs1. The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District.

2. M/s. S.K.C. And Co., C/o. Vignesh Senthil, 23, S.V.Naid Street, Pollachi - 01.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned work orders dated 31.10.2023 made in Na. Ka. No. 3198/2023/E1 issued by the First Respondent to the Second Respondent pursuant to the auction notice dated 11.10.2023 and bid of the Second Respondent dated 18.10.2023, quash the same as illegal and consequently direct the First Respondent to conduct fresh auction by following due process of law. 1/4

For Petitioner :

Mr. S.Senthilkumar for Mr. R.Prabakar For Respondents :

Mr. B.Anand, Standing Counsel (for R1)

O R D E R

Heard Mr. S.Senthilkumar, Learned Counsel for the Petitioner and Mr. B.Anand, Learned Standing Counsel, who takes notice for the First Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed challenging the Work Order in Na. Ka. No. 3198/2023/E1 dated 31.10.2023 issued by the First Respondent to the Second Respondent pursuant to the auction notice dated 11.10.2023, and bid of the Second Respondent dated 18.10.2023, and to consequently direct the First Respondent to conduct fresh auction by following due process of law. 3.

When it was pointed out that the Petitioner has not produced any proof to show that he is a registered contractor to pursue the claim made in the Writ Petition, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to pursue his 2/4

claim by appropriate legal proceedings with relevant documents showing that the Petitioner is a registered contractor, and he has made an endorsement to that effect in the court record.

In view of the same, the Writ Petition is dismissed with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

18.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

vjt To The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District.

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P.D. AUDIKESAVALU, J.

vjt 18.01.2024 4/4