Madras High CourtWP/25890/2017dismissed as infructuous

Mrs.Kotteswari v. The Secretary To The

2017-10-03Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition Nos.25890 & 25891 of 2017 and W.M.P.Nos.27329 & 27330 of 2017

1. Mrs.Kotteswari

2. J.S.M.Palanivel

3. J.S.M.Saravanan .. Petitioners (in WP Nos.25890 & 25891 of 2017) Vs.

1. The Secretary to the Government, Tourism, Culture and Religious Endowments Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of HR & CE, Nungambakkam High Road, Chennai - 34.

3. The Joint Commissioner, HR & CE Admn. Dept., Nungambakkam, Chennai -34.

4. The Executive Officer / Deputy Commissioner, Arulmighu Parthasarathy Temple, Triplicane, Chennai - 600 005.

.. Respondents (in WP Nos.25890 & 25891 of 2017) Writ petition Nos.25890 & 25891 of 2017 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the 4th respondent from conducting auction to be held on 28.09.2017 Thursday at 11.00 A.M. in office of the Temple premises and subsequent dates regarding site only bearing Corporation Door No.21, Dr.Natesan Road, Triplicane, Chennai-600005, survey No.870/2 measuring (925 +

926) = 1851 sq.ft. pending disposal of the petitioners appeal dated 05.09.2017 and petition for stay filed on 18.09.2017. For Petitioners : Ms.G.Devi (in WP Nos.25890 & 25891 of 2017) For Respondents : Mr.M.Maharaja, Spl.G.P. (HR & CE) (in WP Nos.25890 & 25891 of 2017) https://hcservices.ecourts.gov.in/hcservices/

C O M M O N O R D E R The prayers sought for in these writ petitions are to forbear the 4th respondent from conducting auction to be held on 28.09.2017.

2. Without going into the merits of the matter, this Court is of the view that the prayers sought for in these writ petitions have become infructuous, since the date of auction is already over. Apart from the said fact, it is also brought to the notice of this Court by the learned counsel appearing for the respondents / HR & CE Department that the auction was cancelled on 28.09.2017 since there was only one bidder. Therefore, if any subsequent notification is issued, it is open to the petitioners to challenge the same, if at all the petitioners have any grievance. Granting such liberty, both these writ petitions are dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.The Secretary to the Government, Tourism, Culture and Religious Endowments Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of HR & CE, Nungambakkam High Road, Chennai - 34.

3.The Joint Commissioner, HR & CE Admn. Dept., Nungambakkam, Chennai -34.

4.The Executive Officer / Deputy Commissioner, Arulmighu Parthasarathy Temple, Triplicane, Chennai - 600 005.

+1cc to Mr.V.Raghupathi, Advocate, S.R.No.71025 +1cc to the Government Pleader, S.R.No.71264 Writ Petition Nos.25890 & 25891 of 2017 GN(25/10/2017) https://hcservices.ecourts.gov.in/hcservices/