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Madras High CourtWP/31833/2022disposed of

S.Thangadurai, v. The Secretary To Government

2023-11-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.31833 of 2022 and WMP.Nos.31293 & 31294 of 2022 S.Thangadurai ... Petitioner Vs.

1.The Secretary to Government, Home Department, Fort St.George, Chennai 600 009 2.The Competent Authority/ District Revenue Officer, Salem District 3.State Represented by Inspector of Police, Economic Offence Wing-II, Salem District ... Respondents PRAYER:

Writ petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to quash the publication published in Salem District Gazette dated 16.11.2022 publication No.65 issued by the second respondent of selling the petitioner company immovable property for sale from item No.1 to 7 of open auction on 29.11.2022 and direct the second respondent to re-fix the present market value of the immovable property and

bring the property for sale after completing this Court's direction in Crl.OP.No.29653 of 2013 and Crl.OP.No.24528 of 2022. For Petitioner : Mr.R.Ravichandran For Respondents : Mr.A.Gopinath, Government Advocate(crl.side)

ORDER

This writ petition has been filed to quash the publication published in Salem District Gazette dated 16.11.2022 publication No.65 issued by the second respondent of selling the petitioner company immovable property for sale from item No.1 to 7 of open auction on 29.11.2022 and to direct the second respondent to re-fix the present market value of the immovable property and to bring the property for sale after completing this Court's direction in Crl.OP.No.29653 of 2013 and Crl.OP.No.24528 of 2022. 2.

On perusal of the impugned Government Gazettee publication dated 16.11.2022, auction was fixed on 29.11.2022. However, on that day, there was no auction conducted by the second respondent. Only grievance of the petitioner is that the respondent concerned did not fix the correct market value and failed to mention the correct value of the property in the auction notice.

3.

Considering the above grievance of the petitioner, the second respondent is directed to fix the upset price for the property which is proposed for auction and proceed with the auction proceedings, if not already sold out. 4.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

28.11.2023 Index :Yes/No (1⁄2) Internet : Yes/No Speaking order/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The Secretary to Government, Home Department, Fort St.George, Chennai 600 009 2.The Competent Authority/ District Revenue Officer, Salem District 3.Inspector of Police, Economic Offence Wing-II, Salem District 4.The Government Advocate High Court of Madras 28.11.2023