Dr.G.D.Sivasankaran v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No.24131 of 2022 Dr.G.D.Sivasankaran

...Petitioner

Vs.

1.The Chief Secretary Government of Tamilnadu St.George Fort Chennai-600 009 2.The District Collector Collectorate Thiruvarur-610 004 3.The Director of Panchayats O/o Director of Panchayats R.A.Puram Chennai-600 028 4.The Assistant Director of Panchayats Collectors office Campus Tanjore 5.D.Yasotha Executive Officer Kudavasal Town Panchayat Office Kudavasal Thiruvarur District ... Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the 5th respondent to conduct the auction meeting in the presence of the 2nd respondent at his conference hall (Collectorate) regarding auctioning the 8 shops at the Kudavasal newly constructed bus stand instead of 5th respondent's office in order ot prevent unjustified and unlawful action of the 5th respondent and to hold a lawful auction meeting at the date and time fixed by this Court. For Petitioners : Mr.G.Sundarraj For Respondents : Mr.Naveen Kumar, Govt.Advocate for R1 to 4 Mrs.Meera Arumugam for R5

O R D E R

Writ Petition is filed seeking a direction to the 5th respondent to conduct the auction meeting in the presence of the 2nd respondent at his conference hall (Collectorate) regarding auctioning the 8 shops at the Kudavasal newly constructed bus stand instead of 5th respondent's office in order ot prevent unjustified and unlawful action of the 5th respondent and to hold a lawful auction meeting at the date and time fixed by this Court.

2. The grievance of the petitioner is that without conducting the auction the shops have been allotted to the existing licensees. Therefore, he

wants to conduct the auction in the presence of the 2nd respondent.

3. Learned Government Advocate appearing for the respondents 1 to 4 would submit that the auction notice was issued on 12.08.2021 and the auction date was fixed on 26.08.2021 which ended in failure. Thereafter, election intervened and after the election got over, Panchayat has passed an resolution to allot the shop to the existing licensees and the shops have been allotted. At this stage, there cannot be any mandamus.

4. In such view of the matter, mere issuing of a direction will not serve any purpose. Accordingly, the Writ Petition is dismissed. However, the petitioner if so adviced, he can challenge the allotment as per the law. There shall be no order as to costs.

14.12.2022 kpr Internet:Yes Speaking/non-speaking order

N. SATHISH KUMAR, J.

kpr To 1.The Commissioner Greater Chennai Corporation Rippon Building, Park Town Chennai-600 003 2.The Executive Engineer Greater Corporation of Chennai Town Planning Division Zone-11 Valasaravakkam, Chennai-600 087 3.The Tamil Nadu Housing Board CMDA Campus E&C Market Road Koyambedu, Chennai-600 107 W.P.No.24131 of 2022 14.12.2022