M/S.Karaikal Port Pvt Ltd, v. The Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 7634 of 2017 And W.M.P.Nos. 8338 & 8339 of 2017 M/s. Karaikal Port Private Limited Represented by its Director Mr.G.R.K. Reddy Keezhavanjoor Village T.R.Pattinam Karaikal - 609 606 ... Petitioner ..Vs..
1.
The Collector Government of Puducherry District Collectorate Karaikal - 609 602.
The Commissioner Commune Panchayat Tiruvamalirayanpattinam (T.R.Pattinam) Karaikal District.
... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari Mandamus to call for the
records of the impugned Auction Notice dated 17.03.2017 issued by the second respondent for fee collection for motor vehicles and quash the same and consequently, forbear the second respondent and their men, agents and subordinates from collecting entry fees/parking fees from the vehicles entering into the Karaikal Port area from NH 45A. *** For Petitioner :: Mr. Shivakumar For RR 1 & 2 :: Mr. R.Sreedharan Additional Government Pleader
ORDER
The Writ Petition has been filed in the nature of Certiorari Mandamus seeking records relating to the Auction Notice dated 17.03.2017 issued by the second respondent / the Commissioner, Commune Panchayat, Tirumalairayanpattinam, (T.R.Pattinam), Karaikal District, for collection of fees for parking of motor vehicles at Keezhavanjor parking place.
The Writ Petition has been filed in the year 2017. There has been a stay which had been granted. It is now seen from the records that the Auction Notice itself was for the period from 01.04.2017 till 30.09.2017. The period for which the Auction was to be conducted for parking of vehicles has long since expired nearly
about 7 years back. If at all an Auction has to be conducted for the parking place, a fresh Auction Notice alone has to be issued. This impugned Auction Notice no longer survives for adjudication. 3.
The learned counsel for the petitioner made a representation that the Management of the petitioner had changed and that instructions will have to be obtained.
4. It is to be noted that the Writ Petition is pending from the year 2017 and that the Auction Notice relates to the period 01.04.2017 till 30.09.2017 and even if the Writ Petition is dismissed, the respondents cannot conduct the auction and even if the Writ Petition is allowed, the respondents will not be affected since they cannot conduct the auction. The Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions stand closed. No order as to costs.
08.01.2025 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order
C.V.KARTHIKEYAN, J., vsg To 1.
The Collector Government of Puducherry District Collectorate Karaikal - 609 602.
The Commissioner Commune Panchayat Tiruvamalirayanpattinam (T.R.Pattinam) Karaikal District.
W.P.No. 7634 of 2017 And W.M.P.Nos. 8338 & 8339 of 2017 08.01.2025