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Madras High CourtWP/31016/2016closed

G.Venkatesan, v. The District Collector,

2018-04-11Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.31016 of 2016 G.Venkatesan

...Petitioner

Vs.

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Assistant Director (Panchayats), Kancheepuram District, Kancheepuram.

3.The Block Development Officer(Village Panchayats), St. Thomas Mount Panchayat Union, St. Thomas Mount, Chennai.

4.The President, Kovillampakkam Panchayat, Kovillampakkam, Kancheepuram District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified mandamus to call for the records of the second respondent in Na.Ka.457/2016/A5 dated 29.08.2016 and quash the same and direct the fourth respondent to conduct public auction of the 37 shops in accordance with the Rules framed under Tamil Nadu Panchayats (Procedure for conducting Public Auction of Leases and Sales in Panchayats) Rules, 2001.

For Petitioner : Mr.V.Srikanth For RR1 to 4 : Mr.B.Anand, G.A.

O R D E R

Heard Mr.V.Srikanth, learned counsel appearing for the petitioner and Mr.B.Anand, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 4.

2. This writ petition has been filed for issuance of a writ of Certiorified Mandamus, to quash the order of the second respondent in Na.Ka.457/2016/A5 dated 29.08.2016 and also for a direction to the fourth respondent to conduct public auction of the shops.

3. The case of the petitioner is that in the Punchayat election held in the month of October 2011, he was elected as a Vice President of Kovillampakkam Panchayat. The respondents constructed 37 shops near the Kovillampakkam Panchayat Office at a cost of Rs.62.18 lakhs. Though, the construction was completed in year 2015 and a notification was issued to bring the respective shops for auction, but by the impugned order, it was postponed. Hence, the present writ petition.

4. The learned Government Advocate appearing for the respondents submitted that open auction for letting out 37 shops in Kovillampakkam Panchayat Office was already been conducted on 10.04.2018 and all the shops were let out. Learned Government Advocate has produced a letter dated 10.04.2018, of the Special Officer of the Kovillampakkam Punchayat for perusal of this Court.

5. In the light of the above facts, this writ petition is closed as no further adjudication is necessary. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar dn To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Assistant Director (Panchayats), Kancheepuram District, Kancheepuram.

3.The Block Development Officer(Village Panchayats), St. Thomas Mount Panchayat Union, St. Thomas Mount, Chennai.

4.The President, Kovillampakkam Panchayat, Kovillampakkam, Kancheepuram District.

+1 CC to Mr.V.Srikanth, advocate sr 26863.

+1 CC to Govt. Pleader sr 27661.

W.P.No.31016 of 2016 NRI(CO) SP(27/04/2018)