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Madras High CourtWP/37334/2007dismissed as infructuous

M/S. Anton Engneering v. The Chairman

2019-08-13Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.37334 of 2007 and M.P.No.2 of 2007 M/s.Anton Engineering, Represented by its Proprietrix, Zita Vijay.

..Petitioner Vs 1.The Chairman, Chennai Port Trust, No.1, Rajaji Salai, Chennai - 600 001.

2.The Chief Engineer, Chennai Port Trust, No.1, Rajaji Salai, Chennai - 600 001.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorarified mandamus, calling for the records relating to the proceedings of the second respondent published in newspaper Daily Thanthi dated 28.11.2007 in NIT No.T/JDA/98/7/E, quash the same and direct the respondents to permit the petitioner to dismantle and remove the building.

For Petitioners : Mr.R.N.Amarnath For Respondents : Mr.R.Karthikeyan Standing Counsel

O R D E R

Heard Mr.R.N.Amarnath, learned counsel for the petitioner, Mr.R.Karthikeyan, learned Standing Counsel for the respondents and perused the materials available on record.

2. This writ petition has been filed challenging the auction notification issued by the second respondent dated 28.11.2007.

3. Though, the writ petition has been filed challenging the auction notification on various grounds, but, in the counter affidavit filed by the respondents it is stated that due to https://hcservices.ecourts.gov.in/hcservices/

administrative reasons the subject tender had been withdrawn by the respondent Port Trust. Hence, the prayer sought for in this writ petition has become infructuous.

4. In the light of the stand taken by the respondents in the counter affidavit, the writ petition is dismissed as having become infructuous. However, the order passed in the present writ petition will not affect the right of the petitioner in W.P.No.14327 of 2008. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ms To 1.The Chairman, Chennai Port Trust, No.1, Rajaji Salai, Chennai - 600 001.

2.The Chief Engineer, Chennai Port Trust, No.1, Rajaji Salai, Chennai - 600 001.

+1cc to Mr.R.N.Amarnath, Advocate sr.69189 W.P.No.37334 of 2007 and M.P.No.2 of 2007 ad(co) nr 30/09/2019 https://hcservices.ecourts.gov.in/hcservices/