Madras High CourtWP/13717/2004dismissed as infructuous

M.Ponnusamy v. The Commissioner

2017-09-08Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.13717 of 2004 and W.P.M.P.No.16112 of 2004 M. Ponnusamy .. Petitioner Vs.

1 The Commissioner, Corporation of Madurai, Arignar Anna Maligai, Tallakulam, Madurai 625 002 2 C.Inurani (R2 impleaded vide order of court dated 20/08/2004 in WPMP.NO.20063 of 2004) .. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the tender / auction notification published in Madurai District Gazette dated 26.02.2004 and the consequential notification published in the Tamil news paper Thinathandi dated 15.04.2004 issued by the respondent so far it relates to item 6 under the Heading A Markets, Makalipatti market, (excluding monthly rented 14 shops). Madurai in the said notification and quash the same and consequently direct the respondent to conduct the auction proceedings alone in conformity with the rules framed under the District Municipalities Act.

For Petitioner : Mr.G.Ethirajulu For R1 : No appearance For R2 : Mr.S.Pushpakaran

ORDER

The petitioner has come forward with this writ petition seeking to call for the records relating to the tender /auction notification published in Madurai District Gazette dated 26.02.2004 and the consequential notification published in the https://hcservices.ecourts.gov.in/hcservices/

Tamil news paper Thinathandi dated 15.04.2004 issued by the respondent, so far it relates to item 6 under the Heading A Markets, Makalipatti market, (excluding monthly rented 14 shops), Madurai in the said notification and quash the same and consequently issue direction to the respondent to conduct the auction proceedings alone in conformity with the rules framed under the District Municipalities Act.

2. Today (08.09.2017), when the writ petition is taken up for hearing, Mr.G.Ethirajulu, learned counsel for the petitioner submitted that the prayer in the writ petition has become infructuous , since nothing survives in the aforesaid prayer and he has also made an endorsement in the petition to that effect.

3. In view of the submission made, this Writ Petition is dismissed as having become infructuous. No costs. Consequently, connected W.P.M.P.No.16112 of 2004 is closed. sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar sts To:

The Commissioner, Corporation of Madurai, Arignar Anna Maligai, Tallakulam, Madurai 625 002 EGR 27/10/2017 Order in W.P.No.13717 of 2004 https://hcservices.ecourts.gov.in/hcservices/