P.Viswanathan, v. The Tiruppur Corporation,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.Nos.7331 and 9458 of 2012 and M.P.Nos.1 and 2 of 2012 P.Viswananthan

...Petitioner

(in both W.Ps.)

Versus

1.The Tiruppur Corporation, Represented by its Commissioner, Corporation Office, Tiruppur.

2.R.Jayalakshmi, Commissioner, Tiruppur Corporation, Corporation Office, Tiruppur.

( 1st and 2nd Respondent in both W.Ps.) 3.A.V.Karthikeyan .. (3rd respondent in W.P.No.9458 of 2012) Writ Petition in W.P.No.7331 of 2012, is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the respondent to re-auction the right to collect the parking charges for the parking area situated at newly constructed old bus stand complex, Tiruppur notified as Item No.31 of Notification dated 06.03.2012 in File No.350/2012/A11 on the file of the first respondent. Writ Petition in W.P.No.9458 of 2012, is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records pertaining to Resolution No.406 dated 28.03.

2012 on the file of the 1st respondent and quash the same and direct the 1st and 2nd respondent herein to re-auction the right to collect the parking charges for the parking area situated at newly constructed old bus stand complex, Tiruppur notified as Item No.31 of Notification Gazetted in January 2012 in File No.350/2012/A11 on the file of the second respondent after publishing the terms and conditions of the auction in clear and transparent manner.

For Petitioner : Mr.G.Vivekanand for M/s. Anup S Shah Law Firm (in both W.Ps.) For Respondents : Ms.P.Shanthi, for R1 and R2 (in both W.Ps.) Mr.N.Umapathi, for R3 (in W.P.No.9458 of 2012) C O M M O N O R D E R Writ petition in W.P.No.7331 of 2012 has been filed for issuance of writ of mandamus, directing the respondents to reauction the right to collect the parking charges for the parking area situated at newly constructed old bus stand complex, Tiruppur notified as Item No.31 of Notification dated 06.03.2012 in File No.350/2012/A11 on the file of the first respondent.

2. Writ petition in W.P.No.9458 of 2012 has been filed to set aside the Resolution No.406 dated 28.03.2012 on the file of the first respondent and for a direction to the first and second respondents to re-auction the right to collect the parking charges for the parking area situated at newly constructed old bus stand complex, Tiruppur notified as Item No.31 of Notification Gazetted in January 2012 in File No.350/2012/A11 on the file of the second respondent.

3. Heard Mr.G.Vivekanand, learned counsel appearing for the petitioner, Ms.P.Shanthi, learned counsel appearing for the first and second respondent and Mr.N.Umapathi, learned counsel appearing for the third respondent.

4. The learned counsel appearing for the successful bidder would submit that the licence period was already expired and that these writ petitions have become infructuous.

5. In the light of the above submissions, these writ petitions are dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ms

To 1.The Tiruppur Corporation, Represented by its Commissioner, Corporation Office, Tiruppur.

+1 cc to M/s.Shanthi Advocate sr 2133 W.P.Nos.7331 and 9458 of 2012 and M.P.Nos.1 and 2 of 2012 aa25/01/2018