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Madras High CourtWP/3248/2020dismissed

J.Dhayalan v. The State Of Tamil Nadu

2024-01-08Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.3248 of 2020 and W.M.P. Nos.3763 and 3764 of 2020 J. Dhayalan S/o. Jayaraman ... Petitioner Vs.

1. The State of Tamil Nadu, represented by its Commissioner & Secretary, Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. The Managing Director, Tamil Nadu Housing Board, Chennai-600 035.

3. Chennai Metropolitan Development Authority, represented by its Member Secretary, Thalamuthu Natarajar Maligai, No.8, Gandhi Irwin Road, Chennai-600 008.

4. The Tamil Nadu Pollution Control Board, represented by its Member Secretary, No.100, Anna Salai, Chennai-32.

5. Tropical Agro System (India) Ltd., No.19, Marshalls Road, IV Floor, Chennai-600 008.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of publishing notice dated 12.01.2020 in Tamil Daily Dinakaran inviting applications from eligible persons to participate in the auction scheduled on 12.02.2020 in respect of land in S. No.530/1A to an extent of 1.95 acres in Ambattur Village (Special and Hazardous Use Zone) Ambattur Taluk, Corporation of Greater Chennai.

For Petitioner : Mr. M. Anandraj (Change of Vakalat given) For Respondents : Mr. P. Balathandayutham, Special Government Pleader [for R1] Mr. D. Veerasekaran, for TNHB, [for R2] Mrs. P. Veena Suresh, Standing Counsel for CMDA [for R3] No appearance [for R4] Mr. S. Venkatesan [for R5]

ORDER

This Writ petition has been filed to call for and quash the notice dated 12.01.2020 in Tamil Daily Dinakaran inviting application from 13.01.2020 to participate in auction scheduled on 12.02.2020 for land in S. No.530/1A to an extent of 1.95 acres in Ambattur Village (Special and Hazardous Use Zone) Ambattur Taluk, Corporation of Greater Chennai.

2. Going through the affidavit and documents filed in support of the Writ petition, it would reveal that the petitioner has challenged the Auction Notice issued by the Tamil Nadu Housing Board on 12.01.2020 in Tamil Daily Dinakaran, inviting applications from eligible persons to participate in auction scheduled to be conducted on 12.02.2020 in respect of land in S. No.530/1A to an extent of 1.95 acres in Ambattur Village (Special and Hazardous Use Zone) Ambattur Taluk, Corporation of Greater Chennai. The Auction notice dated 12.01.2020 lost its relevance, since the auction was scheduled to be conducted on 12.02.2020. On account of efflux of time, the relief as such sought for in the Writ proceedings lost its relevance. Therefore, the same cannot be granted. If at all, the petitioner has made any deposit or otherwise along with application, he is at liberty to approach the

authorities for appropriate remedy in the manner accordance with law.

3. With this liberty, this Writ petition stands dismissed. No order as to costs. Connected miscellaneous petitions, if any, are closed. 08.01.2024 Index : yes/no Speaking order/Non-speaking order : yes/no mjs To

1. The State of Tamil Nadu, represented by its Commissioner & Secretary, Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. The Managing Director, Tamil Nadu Housing Board, Chennai-600 035.

3. Chennai Metropolitan Development Authority, represented by its Member Secretary, Thalamuthu Natarajar Maligai, No.8, Gandhi Irwin Road, Chennai-600 008.

4. The Tamil Nadu Pollution Control Board, represented by its Member Secretary, No.100, Anna Salai, Chennai-32.

5. Tropical Agro System (India) Ltd., No.19, Marshalls Road, IV Floor, Chennai-600 008.

S.M.SUBRAMANIAM, J.

mjs 08.01.2024