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Madras High CourtWP/9070/2023dismissed as infructuous

Kemban v. The District Collector

2023-07-17Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.Nos.9213 and 9214 of 2023 Kemban ... Petitioner vs.

1.The District Collector, Tiruppur District.

2.The Executive Officer, Muthur Town Panchayath, Kangayam Road, Muthur, Tiruppur District.

3.The President, Muthur Town Panchayath, Kangayam Road, Muthur, Tiruppur District.

... Respondents PRAYER: Writ Petition is filed Under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the impugned auction notification dated 06.03.2023 in Na.Ka.66/2023 issued by the respondents 2 and 3, quash the same consequently conduct public auction 1/4

for all the shops as per the auction notification dated 13.02.2023 by considering petitioner's representation dated 25.02.2023 to the 2nd respondent.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.N.Naveenkumar Government Advocate

O R D E R

The writ petition is filed by the petitioner challenging the auction notice dated 06.03.2023 issued by the 2nd respondent/Town Panchayat.

2. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents, on instructions, submits that in pursuance of the auction notice dated 06.03.2023, the auction has been conducted on 21.03.2023 and successful bid was confirmed and the shops were handed over to the highest bidders. The said submission of the learned Government Advocate for the respondents is recorded.

3. In view of the fact that auction is already over and highest bid also confirmed., nothing survives for further adjudication in this writ petition. 2/4

4. However, if the petitioner is aggrieved by exclusion of certain shops from auction, it is open to the petitioner to make a fresh representation to 2nd respondent seeking auction of said shops also. If any such representation is made by the petitioner, the same shall be considered by 2nd respondent in accordance with law.

5. Accordingly, the writ petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petitions are closed. 17.07.2023 Index : Yes/No Speaking order:Yes/No dm To 1.The District Collector, Tiruppur District.

2.The Executive Officer, Muthur Town Panchayath, Kangayam Road, Muthur, Tiruppur District.

3.The President, Muthur Town Panchayath, Kangayam Road, Muthur, Tiruppur District.

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S.SOUNTHAR, J.

dm 17.07.2023 4/4