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Madras High CourtWP/31364/2022withdrawn dismissed

S.Manian v. The Commissioner

2022-11-25Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 30810 and 30813 of 2022

1. S.Manian

2. S.Ganeshamoorthy

3. E.Arasan

4. K.Rajendran ... Petitioners -vs1. The Commissioner, Nungambakkam High Road, Nungambakkam, Chennai - 600034.

2. The Joint Commissioner, Cuddalore.

3. The Assistant Commissioner, Cuddalore.

4. The Inspector, Cuddalore.

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5. The Executive Officer, A/M. Drowpathi Amman Koil, Moolakuppam and Post, Cuddalore Taluk, Cuddalore District.

6. Amaresan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, call for the records and quash the impugned auction notice dated 25.10.2022 issued by the Fifth Respondent and consequently issue a Mandamus forbearing the First to Fifth Respondents from conducting public auction in respect of the following properties in Naduveerapattu Village, Cuddalore Taluk. Sl. No Survey No.

Extent Hec.Ares Classification 121/27 0.07.50 Dry 121/3 0.19.50 Dry 121/31 0.04.50 Dry 122/1 0.50.50 Dry 134/1 0.28.50 Dry 121/28 0.23.50 Dry 121/29 0.05.50 Dry In Vilangalpattu Village, Cuddalore Taluk 79/1 0.38.00 Dry on 21.11.2022 or any other date.

For Petitioners : Mr. S.Sakthivel For Respondents : Mr. N.R.R.Arun Natarajan, Special Government Pleader (for R1 to R5) 2/5

O R D E R

Since the Petitioners had not produced any documents to show as to how they were claiming any right to the property for which auction is proposed to be conducted, Learned Counsel for the Petitioners seeks permission of the Court to withdraw this Writ Petition with liberty to file fresh Writ Petition with proper particulars in this regard and he has made an endorsement to that effect in the court record.

2.

In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petitions are closed. No costs.

25.11.2022 2/2 kv Index: Yes/No Note: Issue order copy by 09.12.2022.

To

1. The Commissioner, Nungambakkam High Road, Nungambakkam, Chennai - 600034.

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2. The Joint Commissioner, Cuddalore.

3. The Assistant Commissioner, Cuddalore.

4. The Inspector, Cuddalore.

5. The Executive Officer, A/M. Drowpathi Amman Koil, Moolakuppam and Post, Cuddalore Taluk, Cuddalore District.

4/5

P.D. AUDIKESAVALU, J.

kv 25.11.2022 2/2 5/5