Madras High CourtWP/6205/2023disposed of

N.Kumar v. The District Collector

2023-02-28Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.6205 of 2023 & WMP.No.6208 of 2023 N.Kumar ... Petitioner Vs

1. The District Collector, Salem District, Salem.

2. The Assistant Director of Town Panchayat, Salem District, Salem.

3. The Executive Officer, Mecheri Town Panchayat, Mettur Taluk, Salem District.

... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned auction notice in Na.Ka.No.01/2023 dated 10.02.2023 passed by the third respondent and quash the same and consequently directing the third respondent to extend the lease time for further two years, for collecting toll in Mecheri Town Panchayat Bust stand pay and use toilet in pursuance of petitioner's representation dated 25.02.2023.

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For Petitioner : Mr.C.Depak Kumar For Respondents : Mr.N.Nveenkumar, Government Advocate - R & R2 Mrs.P.Rajarajeswari Government Advocate - R3

ORDER

This Writ Petition has been filed to quash the impugned auction notice dated 10.02.2023 passed by the third respondent and consequently direct the third respondent to extend the lease time for further two years, for collecting toll in Mecheri Town Panchayat Bust stand pay and use toilet in pursuance of representation of the petitioner dated 25.02.2023.

2. Today, when the matter is taken up for hearing, the learned Government Advocate appearing for the third respondent, on instructions, submitted that the tender scheduled has been postponed.

3. In such view of the matter, fresh notification shall be given by the respondents following the rules governing tender and the petitioner may participate in the auction. As the lease period is already over, under the 2/4

pretext of waiver, the petitioner cannot squat in the property and the respondents are at liberty to bring the property for auction.

4. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 28.02.2023 Index:Yes/No vrc To,

1. The District Collector, Salem District, Salem.

2. The Assistant Director of Town Panchayat, Salem District, Salem.

3. The Executive Officer, Mecheri Town Panchayat, Mettur Taluk, Salem District.

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N.SATHISH KUMAR, J.

vrc WP.No.6205 of 2023 28.02.2023 4/4