N.Gopalakrishnan v. The Chennai Metropolitan Development Authority,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2021 CORAM :
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN W.P.No. 2745 of 2020 N.Gopalakrishnan .. Petitioner Vs.
1.The Chennai Metropolitan Development Authority, Rep. By its Chief Executive Officer, 2.The Chennai Metropolitan Development Authority, Rep. By its Member Secretary, 3.B.Chinnadurai (impleaded vide order dated 18.03.2021 made in WMP No.7237 of 2021 in WP No. 2745 of 2020) .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a mandamus forbearing the respondents from bringing the godown in Shop No.VG88 situated at Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600 107 for outright purchase through auction/Tender dated 28.11.2018 till the disposal of the representation of the petitioner dated 23.01.2020.
For Petitioner :
Mr.M.Raja Sekhar For Respondents :
Mr.Karthi Ranjan, Standing Counsel (CMDA) for R1 and R2 Mr.M.Santhanaraman for R3
ORDER
(Order of the Court was made by M. SATHYANARAYANAN, J.) The matter in issue pertains to bringing the godown in Shop No.VG88 situated at Koyambedu Wholesale Market Complex, Koyambedu, Chennai - 600 107, by way of outright purchase through auction/Tender dated 28.11.2018 till the disposal of the representation of the petitioner dated 23.01.2020.
2. It is fairly brought to the knowledge of this Court by the learned counsel appearing for the petitioner that in W.P.No. 2352 of 2020 filed by one Mr.A.Arvindprabu(Principal), acting as a power of attorney for Mr.A.Jegan, pertains to the very same godown came to be dismissed vide order dated 04.11.2020.
3. Mr.M.Santhanaraman, learned counsel appearing for subsequent auction purchaser/third respondent, would submit that auction took place on 31.07.2020 and he became the successful bidder and in the light of the subsisting interim order, the possession is not handed over.
4. Learned Standing Counsel appearing for CMDA would submit that in compliance of the order dated 02.03.2021, the additional counter affidavit of CMDA dated 18.03.2021 has been filed, wherein it has been stated Godown VG-88 & VN-124 are being run as godown and the public auction was also done for allotment as a godown only.
5. In the light of the above facts and circumstances, this Court is of the considered view that nothing remains for further adjudication in this writ petition.
6. In the result, the writ petition is dismissed. No costs. Consequently, the connected W.M.P.Nos. 3192 of 2020 and 4901 of 2021 are closed.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ssm To:
1.The Chief Executive Officer, Chennai Metropolitan Development Authority,
2.The Member Secretary, Chennai Metropolitan Development Authority, +1cc to Mr.M.Rajasekaran, Advocate, S.R.No.17452 +1cc to Mr.Karthikrajan, Advocate, S.R.No.17467 W.P.No. 2745 of 2020 PCH(CO) CB(01/06/2021)