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Madras High CourtWP/21983/2014disposed of

M.Murugan v. The Commissioner

2017-06-14Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.21983 of 2014 and M.P.Nos.1 & 2 of 2014

1. M. Murugan

2. Khader @ Khader Sayabu

3. B.Thasthahir

4. Avuliya Mohammed .. Petitioners Vs.

1. The Commissioner, Thirunallar Commune Panchayat, Thirunallar, Karaikal District, Puducherry State.

2. Abdul Majeer

3. Muthukrishnan

4. Siddique .. Respondents (R2 to R4 impleaded as per order of this Court dated 20.08.2014 made in M.P.No.3/14 in W.P.No.21983/14) Writ Petition is filed under Article 226 of The Constitution of India praying for the issuance of a writ of Certiorari, calling for the entire records relating to the impugned order passed by the respondent in his proceedings Ko.No.28/Va.Pi./Thi.Ko.Pa./2014-15, dated 08.08.2014 and quash the same.

For Petitioners : Mr.C.Prakasam For R-1 :

M/s.V. Usha, Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

Though the writ petition has been filed challenging the auction notice, by which, a decision was made to bring it for auction, the learned counsel appearing for the petitioners would submit that inasmuch as the petitioner was prevented from running the period for which the earlier confirmation was made, the same proportionate amount of the auction amount and out of the auction amount may be directed to be returned.

2. This is a matter which has to be considered by the first respondent.

3. Accordingly, this writ petition is disposed of permitting the petitioners to approach the first respondent for the above said purpose who shall make a decision within a period of four weeks from the date of receipt of copy of this order. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Jrl/aav To The Commissioner, Thirunallar Commune Panchayat, Thirunallar, Karaikal District, Puducherry State.

+1cc to the Government Pleader, S.R.No.42264 W.P.No.21983 of 2014 RJ(CO) CS/20/07/17 https://hcservices.ecourts.gov.in/hcservices/