P.Padmanabhan v. The Registrar
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.901, 902, 904, 905, 908 & 910 of 2023 in P.Padmanabhan S/o.Pattabu .. Petitioner in W.P.No.921 of 2023 R.Velangany S/o.Ramasamy .. Petitioner in W.P.No.923 of 2023 S.Thillaivanam S/o.Subramanian .. Petitioner in W.P.No.928 of 2023 Vs.
1.
The Registrar Department of Co-operative Societies Government of Pondicherry 2.
Puducherry Health Employees Co-operative Housing Society Registration No.B533 No.3, 2nd Floor, D-Lane VVP Nagar, Thatanchavady Page Nos.1/7
3.
The Commissioner Pondicherry Municipality Puducherry.
4.
The Member Secretary Pondicherry Town and Country Planning Authority Government of Puducherry .. Respondents in all WPs.
Writ petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned E-Auction notice dated 12.12.2022 issued by the 2nd respondent and quash the same and direct the respondents 1, 2 and 3 to take appropriate action on the 2nd respondent for deliberately issuing the E-Auction notice, bringing in auction to the property, that was left as a reserve space by the 3rd respondent Municipality and further without obtaining necessary approval from the 4th respondent. For Petitioner in all W.Ps : Mr.B.Balavijayan For Respondents in all W.Ps : Mr.P.S.Kothandaraman, Government Advocate for Puducherry for R1, R3 and R4 Mr.R.Sreedhar standing counsel for Co-operative Societies for R2 ***** Page Nos.2/7
O R D E R
When the matter was taken up, Mr.B.Balavijayan, learned counsel on record for writ petitioners in all the three captioned writ petitions 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 petitioners sought leave of this writ Court to withdraw the captioned three writ petitions 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.
3. Learned counsel on record for writ petitioner has made endorsements in all the captioned three writ petitions and scanned reproduction of the same are as follows:
Page Nos.3/7
Page Nos.4/7
4. Learned counsel reiterates the aforementioned endorsements.
5. In the light of the trajectory thus far, captioned Writ Petitions are 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 expressed any view or opinion in this order on the merits of the matter. Page Nos.5/7
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 Department of Co-operative Societies Government of Pondicherry 2.
Puducherry Health Employees Co-operative Housing Society Registration No.B533 No.3, 2nd Floor, D-Lane VVP Nagar, Thatanchavady 3.
The Commissioner Pondicherry Municipality Puducherry.
4.
The Member Secretary Pondicherry Town and Country Planning Authority Government of Puducherry Page Nos.6/7
M.SUNDAR, J., mk and W.M.P.Nos.901, 902, 904, 905, 908 & 910 of 2023 in 12.01.2023 Page Nos.7/7