Madras High CourtWP/7459/2013dismissed as infructuous

R.Subburayalu v. The Commissioner

2021-04-09Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P No.7459 of 2013 and M.P Nos.1, 2 & 5 of 2013 R.Subburayalu ..Petitioner/ Petitioner Vs The Commissioner Dharapuram Municipality Dharapuram Tiruppur.

..Respondent/ Respondent Prayer: This Writ Petition is filed under Section 226 of Constitution of India to issue a Writ of Certiorari calling for the records of the respondent in their tender-cum-auction notification No.67/2013 SE/ma.Tho.AA.Tiruppur dated 13.03.2013 published in Dhina Thanthi, Coimbatore, vide advertisement dated 14.03.2013 and to quash the same as being illegal. For Petitioner:Mr.R.Rajadurai for M/s.Anand For Respondent :Mr.P.Srinivas

O R D E R

This writ petition has been filed challenging the tender-cum-auction notification No.67 of 2013 dated 13.03.2013 published by the respondent.

2. On a perusal of the records, it is seen that at the time of admission, this Court has granted interim stay on 25.03.2013 on condition that the petitioner pays the entire arrears payable to the petitioner on or before 08.04.2013 failing which the interim order granted shall stand automatically vacated. Subsequently, interim order was extended till 17.04.2013. It is seen from the counter affidavit, it is stated that the petitioner did not comply with the conditional order passed by this Court. Further, it is seen that the tender-cum-auction notice was issued under the impugned order is only for 3 years and the said period is now expired. On the aforesaid grounds, the writ petitioner has not complied the condition as per the conditional order passed by this Court and 3 years leased period has also been https://hcservices.ecourts.gov.in/hcservices/

expired. Therefore, nothing survives for further adjudication in this writ petition.

3. In view of the above, this Writ Petition is dismissed as instructions. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar uma To The Commissioner Dharapuram Municipality Dharapuram Tiruppur.

+1cc to Mr.R.Raja Durai, Advocate SR.No. 22585 W.P No.7459 of 2013 and W.M.P.Nos.1, 2 & 5 of 2013 A.SK(19.05.2021) https://hcservices.ecourts.gov.in/hcservices/