Kolanchinathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & W.M.P.Nos.7840 and 7841 of 2019 Kolanchinathan

...Petitioner

Vs 1.The District Collector, Ariyalur District Ariyalur 2.Additional Director of Panchayat and Audit, O/o. District Collector Ariyalur District, Ariyalur.

3.Special Officer / Block Development Officer, Gangaikonda Cholapuram Panchayat, Jayamkondan Panchayat Union Office Jayamkondam, Ariyalur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order made in Na.Ka.No.B2/1362/2017 dated Nil.03.2019 and signed as on 05.03.2019 by the 3rd Respondent quash the same and consequently forbear the 1/4

respondents from conducting fresh auction for issuance of license to conduct Shandy at Jayamkodan Cross cut road for the year 2019/2020 commencing from 01.04.2019 to 31.03.2020.

For Petitioner : Mr.G.Ethirajulu For R1 : Mr.TNC.Kaushik Additional Government Pleader For R2 and R3 : No Appearance -----------

O R D E R

This writ petition is rendered infructuous as the petitioner challenges an order dated Nil-03-2019 signed on 05.03.2019 by the 3rd respondent i.e. the Special Officer/ Block Development Officer, Gangaikonda Cholapuram rejecting the request of the petitioner for extension of licence. Since the period for which the extension is sought, that is 01.04.2019 to 31.03.2020 is long past, nothing survives in this writ petition and the same is thus dismissed. 2.Learned counsel for the petitioner states that an advance on Earnest Money Deposit (EMD) of a sum of Rs.2,00,000/- was paid via Demand Draft dated 04.03.2019 bearing No.970767212 drawn on Indian Overseas Bank, Gangaikonda Cholapuram Branch and he would seek a refund of the same (see paragraph-3 of affidavit.

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3.The petitioner is granted liberty to seek refund of the same by way of a representation and such request, if and when made shall be considered by the respondents and the amount refunded, in accordance with law, within a period of four (4) weeks from the date of receipt of representation. 4.This writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

11.02.2022 Index : Yes/No Speaking Order/Non speaking Order vs To 1.The District Collector, Ariyalur District, Ariyalur.

2.The Additional Director of Panchayat and Audit, O/o. District Collector Ariyalur District, Ariyalur.

3.The Special Officer / Block Development Officer, Gangaikonda Cholapuram Panchayat, Jayamkondan Panchayat Union Office Jayamkondam, Ariyalur District.

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Dr.ANITA SUMANTH, J.

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