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Madras High CourtWP/955/2023withdrawn dismissed

J.Sowmiya v. The Registrar

2023-01-12Honourable Mr Justice M. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023 CORAM :

The Hon'ble Mr.JUSTICE M.SUNDAR and W.M.P.Nos.933, 937 & 939 of 2023 in J.Sowmiya D/o.Vasanthy .. Petitioner Vs.

1.

The Registrar Co-operative Department (Housing Section) V.V.P.Nagar Thattanchavady Post Puducherry - 605 009.

2.

The Administrator Puducherry Health Employees Co-operative Housing Society Ltd., Thattanchavady Puducherry - 605 009.

.. Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the concerned records relating to the e-auction notification dated 12.12.2022 issued by the 2nd respondent Page Nos.1/5

published daily Dinamalar Newspaper and proceedings No.5/6/1/29/RCS/Hsg/F2/99 dated 04.01.2023 passed by the 1st respondent and quash the same.

For Petitioner : Mr.M.N.Kathir For Respondents : Mr.P.S.Kothandaraman, Government Advocate for Puducherry for R1 Mr.R.Sreedhar standing counsel for Co-operative Societies for R2 *****

O R D E R

When the matter was taken up, Mr.M.N.Kathir, learned counsel on record for writ petitioner in the captioned writ petition submitted that the auction which was scheduled to be held yesterday and today did not take place (this writ Court is informed by learned State counsel who accepted notice for respondents that it did not take place as there were no bidders).

2. Learned counsel for writ petitioner sought leave of this writ Court to withdraw the captioned writ petition but requested to preserve all the rights and contentions of both sides if there is further litigation on the same cause of action. In the light of the facts and circumstances, this request is acceded to.

Page Nos.2/5

3. Learned counsel on record for writ petitioner has made an endorsement in the captioned writ petition and scanned reproduction of the same is as follows:

4. Learned counsel reiterates the aforementioned endorsement.

5. In the light of the trajectory thus far, captioned Writ Petition is disposed of as closed / withdrawn albeit preserving all the rights and contentions of both sides if there is further litigation on the same cause of action. Though obvious, it is made clear that this Court has not Page Nos.3/5

expressed any view or opinion in this order on the merits of the matter. Consequently, connected Writ Miscellaneous Petitions are also disposed of as closed /withdrawn. There shall be no order as to costs. 12.01.2023 Index: Yes/No Speaking / Non-speaking order mk To 1.

The Registrar Co-operative Department (Housing Section) V.V.P.Nagar Thattanchavady Post Puducherry - 605 009.

2.

The Administrator Puducherry Health Employees Co-operative Housing Society Ltd., Thattanchavady Puducherry - 605 009.

Page Nos.4/5

M.SUNDAR, J., mk and W.M.P.Nos.933, 937 & 939 of 2023 in 12.01.2023 Page Nos.5/5