P.Ponnusamy, v. The Joint Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2018
CORAM
THE HON'BLE MR.JUSTICE T.RAJA WRIT PETITION NOS14527 TO 14533 OF 2018 AND W.M.P.NOS.17140 TO 17153 OF 2018 P. Ponnusamy
...Petitioner in W.P.No.14527 of 2018
N. Nagaraj
...Petitioner in W.P.No.14528 of 2018
V. Ponnusamy
...Petitioner in W.P.No.14529 of 2018
V. Eswaran
...Petitioner in W.P.No.14530 of 2018
S. Kaliappan
...Petitioner in W.P.No.14531 of 2018
V. Vellingiri
...Petitioner in W.P.No.14532 of 2018
P. Gandhi
...Petitioner in W.P.No.14533 of 2018
Vs.
1. The Joint Commissioner, HR & CE Department, Coimbatore Division, Dr. Balasundaram Road, Coimbatore - 18.
2. The Executive Officer, Arulmigu Moorvarkandiamman Thirukovil, Somavarapatti, Udumalpet Taluk, Tirupur District.
...Respondents
in all WPs Common Prayer:- Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the entire records to the impugned proceedings in reauction, dated 25.05.2018 on the file of the second respondent and to quash the same and consequently, forbearing the respondents from disturbing petitioner's peaceful possession and enjoyment of property, situated in S.No.47/1, measuring an extent of 6.00 acres, 8.10 acres, 3.00 acres, 2.00 acres, 6.00 acres, 4.00 acres, 4.00 acres respectively at Somavarapatti, Udumalpet Taluk, Tiruppur District.
For Petitioner : Mr.L. Chandrakumar for Mr. V.P.K. Gowtham For Respondents : Mr.M.Maharaja Special Government Pleader COMMON ORDER Heard Mr.L. Chandrakumar, the learned counsel appearing for Mr.V.P.K. Gowtham, the learned counsel for the petitioners and Mr.M.Maharaja, the learned Special Government Pleader accepting notice on behalf of the respondents. With consent of the learned counsel on either side, these Writ Petitions are taken up for disposal at the stage of admission.
2. These Writ Petitions are directed against the impugned auction notices, dated 25.05.2018, bringing the properties, in question, for public auction on various grounds under various conditions.
3.
The learned counsel appearing for the petitioners assailing the impugned auction notices submitted that the petitioners have been paying the lease rent regularly without any default, and therefore, there is no need for the respondents to dislodge the petitioners in respect of the land in question. Intervening at this stage, the learned Special Government Pleader for the respondents submitted that the petitioners have wrongly come to this Court since the impugned auction notices, dated 25.05.2018 has been withdrawn.
4.
Recording the submission of the learned Special Government Pleader for the respondents, these Writ Petitions are dismissed. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sd To
1. The Joint Commissioner, HR & CE Department, Coimbatore Division, Dr. Balasundaram Road, Coimbatore - 18.
2. The Executive Officer, Arulmigu Moorvarkandiamman Thirukovil, Somavarapatti, Udumalpet Taluk, Tirupur District.
+1cc to Mr. V.P.K. Gowtham, Advocate, S.R.No.38389 +1cc to the Spl.Government Pleader (HR & CE), S.R.No.38376 Writ Petition Nos14527 to 14533 of 2018 kan(co) cs/28/06/18