Parameshwaran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P Nos.8749, 8750, 8752 & 8754 of 2023 and W.M.P.Nos.8932, 8934, 8937 & 8939 of 2023

1. Parameshwaran

2. Gnanaprakasam

3. C.Subramani

4. N.Murugaesan

5. M.Kumar

6. Nadesan

7. Vasantha Kumar

8. Selvaraj

9. Kumaravel

10. S.Ramesh

11. Kaliyappan

...Petitioners in W.P.No.8749 of 2023

1. Selvaraj

2. Rani

3. Saravanan

4. Magibalan

5. Mallika

6. Aananthi

7. Seivam

...Petitioners in W.P.No.8750 of 2023

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1. Vijaya

2. Selladurai

3. Saraswathi

4. Kalyani

5. Kalavathi

6. A.Malliga

7. Manga

8. Gemini

9. Rathnavel

10. Subramani

11. Kalaimani

12. Udhayasooriyan

13. Sagunthala

14. Murugesan

15. Selvaraj

16. Ganesan

17. Krishnan

18. Venkatachalam

19. Prabhu Kumar

20. Mariappan

21. Prabhu

22. Dinesh Kumar

23. Sathish

...Petitioners in W.P.No.8752 of 2023

1. Sathish

2. Gopalan

3. Malliga

4. Ramachandran

5. P.M.Senthil Kumar

6. Poongodi

7. Loganathan

8. Parvathy

9. S.K.Gopal

10. Sivakumar 2/8

11. Kumar

12. Perumal

13. Rathinavel

14. Ashok

15. Shanmugasundaram

16. Santhalakshmi

17. Ramesh

18. Ravi

19. Pappathi

20. Malliga

21. Koothappan

22. Gopalan

23. Dharmalingam

24. Kalavathy

25. Raja

26. Saravanan

...Petitioners in W.P.No.8754 of 2023

Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government Municipal Administration and Water Supply Department Fort St. George Chennai - 600 009.

2. The Commissioner of Municipal Administration Municipal Administration Department Ezhilagam Annexe - 6th Floor Chepauk, Chennai - 600 005.

3. The President Mecheri Town Panchayat Salem.

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4. The Executive Officer, Mecheri Town Panchayat, Salem.

...Respondents in all W.P. Nos.

Prayer in W.P. No.8749 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the notification dated 10.02.2023 bearing Ref No.Na.Ka.No.01/2023 published by the respondents 3 & 4 in Dhina Thanthi daily news paper dated 24.02.2023 notifying the auction for allotment of the petitioners shops situated in N.R.E.P Shops area, Mecheri, Salem as illegal and arbitrary and contrary to G.O.M.S No.92 dated 03.07.2007.

Prayer in W.P. No.8750 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the dated 10.02.2023 bearing Ref No.Na.Ka.No.01/2023 published by the respondents 3 & 4 in Dhina Thanthi daily news paper dated 24.02.2023 notifying the auction for allotment of the petitioners shops situated in Aluvazhaga Kadaigal, Mecheri, salem in Na.Ka.Na.01/2023 as illegal and arbitrary and contrary to G.O.Ms.No.92 dated 03.07.2007.

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Prayer in W.P. No.8752 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the dated 10.02.2023 bearing Ref No.Na.Ka.No.01/2023 published by the respondents 3 & 4 in Dhina Thanthi daily news paper dated 24.02.2023 notifying the auction for allotment of the petitioners shops situated in Perunthu Nilaiya Merkupaguthi Kaliyida Kadaigal area, Mecheri, Salem, as illegal and arbitrary and contrary to G.O.M.S No.92 dated 03.07.2007. Prayer in W.P. No.8754 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the dated 10.02.2023 bearing Ref No.Na.Ka.No.01/2023 published by the respondents 3 & 4 in Dhina Thanthi daily news paper dated 24.02.2023 notifying the auction for allotment of the petitioners shops situated in Perunthu Nilaya Kadaigal area, Mecheri, Salem, as illegal and arbitrary and contrary to G.O.M.S No.92 dated 03.07.2007.

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For Petitioners : Mr.T. Saikrishnan (in all W.P.s) For Respondents : Mr.C.Selvaraj (in all W.P.s) Additional Government Pleader (R1 and R2) : Mrs. S. Mythreye Chandra Special Government Pleader (R3 and R4) COMMON ORDER These Writ Petitions are filed challenging the auction notice issued by the fourth respondent dated 10.02.2023.

2. Mr.C.Selvaraj, learned Additional Government Pleader takes notice for the respondents 1 & 2 and Mrs.S.Mythreye Chandra, learned Special Government Pleader takes notice for the respondents 3 & 4.

3. When these matters are taken up for hearing, the learned Special Government Pleader appearing for respondents 3 and 4, submitted that the fourth respondent will not proceed with the impugned notification dated 6/8

10.02.2023. The learned counsel further submitted that the petitioners will be allowed to continue in the premises till 31.03.2023 and fresh auction notice will be issued only after March 2024. The said statement is recorded.

4. In view of the submission made by the fourth respondent nothing survives in the Writ Petitions. Hence, the Writ Petitions are dismissed as infructuous. In case any tender notification is issued by the fourth respondent after March 2024, the petitioners are entitled to participate. It is needless to say that the petitioners shall pay the agreed rent till March 2024.

5. With the above observations, these Writ Petitions are dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

29.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 7/8

S.SOUNTHAR , J.

dna To 1.The Secretary to Government Municipal Administration and Water Supply Department Fort St. George Chennai - 600 009.

2. The Commissioner of Municipal Administration Municipal Administration Department Ezhilagam Annexe - 6th Floor Chepauk, Chennai - 600 005.

3. The President Mecheri Town Panchayat Salem.

4. The Executive Officer, Mecheri Town Panchayat, Salem.

W.P Nos.8749, 8750, 8752 and W.M.P.Nos.8932, 8934, 8937 & 8939 of 2023 29.08.2023 8/8