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Madras High CourtWP/43542/2016disposed of

P.Selvarajan v. State Of Tamil Nadu

2017-03-16Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.43542 of 2016 & WMP No.37364 of 2016 P.Selvarajan .. Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.

2.The Director of Municipal Administration, Chepauk, Chennai-600 005.

3.The Commissioner, Attur Municipality, Attur-636 102.

Salem District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the respondents to consider the representation of the petitioner dated 19.10.2016 and direct the respondents to conduct fresh public auction in respect of all the 336 commercial shops in the third respondent jurisdiction.

For Petitioner .. Mr.S.Doraisamy For Respondents .. Mr.S.Diwakar Special Government Pleader for R1 & R2 Mr.Perumal for R3

ORDER

The petitioner made a representation on 19.10.2016 seeking to conduct auction to the shops belonging to the third respondent. As the said representation is still pending consideration, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

2. In the counter affidavit filed by the third respondent, it has been stated that auction would be conducted to all 336 shops as per the guidelines issued in G.O.Ms.No.92 Municipal Administration and Water Supply Department, dated 03.07.2007, after expiry of the lease period on 31.03.2017.

3. Thus, in view of the stand taken in the counter affidavit filed by the third respondent, nothing survives for adjudication in this writ petition, making it clear that the said authority will have to conduct auction as per the aforesaid Government Order in G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03.07.2007, for the 336 shops expeditiously.

4. The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar raa To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.

2.The Director of Municipal Administration, Chepauk, Chennai-600 005.

3.The Commissioner, Attur Municipality, Attur-636 102.

Salem District.

+1cc to Mr.Doraisamy, Advocate, S.R.No.16637 +1cc to Mr.Perumal, Advocate, S.R.No.16480 SKV(CO) RS(27/03/2017) W.P.No.43542 of 2016 https://hcservices.ecourts.gov.in/hcservices/