Rajavel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.34116 of 2017 and W.M.P.Nos.37867, 37868 & 37869 of 2017 Rajavel ..

Petitioner vs

1. The District Collector Dharmapuri District Dharmapuri-5.

2. The Assistant Director of Panchayat Dharmapuri District Office Dharmapuri.

3. The Special Officer Papparapatti Selection Grade Town Panchayat Papparapatti, Dharmapuri District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus, calling for the records of the third respondent's tender notification published in "Dina Thandhi" a daily news paper dated 16.12.2017 vide Na.Ka.No.975/2017(A1) and quash the same as illegal and consequently direct the third respondent to allot a shop to the petitioner in Paupparapatti Bus Stand Buildings, Dharmapuri District.

For the Petitioner : Mr.K.Gandhi Kumar For the Respondents : Mr.P.Sanjay Gandhi Government Advocate for respondents 1 to 3

ORDER

The learned Government Advocate appearing on behalf of the respondent brought to the notice of this Court that a tender notification published in Dinathandhi daily newspaper dated 16.12.2017 is sought to be quashed in the present writ petition.

2. The petitioner was in a possession of the old shop belonging to the third respondent / Town Panchayat. The building, which was in a dilapidated condition, was demolished and a new building was constructed. Thereafter, a tender notification was published on 16.12.2017.

3. The learned Government Advocate brought to the notice of this Court that pursuant to the tender notification, allotments were made by following the procedures as contemplated in the notification. Thus, the case

arising for the purpose of filing the writ petition do not exist as of now. If at all the petitioner has to seek any allotment, he has to submit an application, if any notification has been issued for such allotment or otherwise.

4. With these clarification, the writ petition stands dismissed. There will be no order as to costs. Consequently, the connected miscellaneous petitions are also closed.

13.03.2023 Index : Yes/No Neutral Order:Yes/No drm To:

1. The District Collector Dharmapuri District Dharmapuri-5.

2. The Assistant Director of Panchayat Dharmapuri District Office Dharmapuri.

3. The Special Officer Papparapatti Selection Grade Town Panchayat Papparapatti, Dharmapuri District.

S.M.SUBRAMANIAM,J.

(drm) W.P.No.34116 of 2017 and W.M.P.Nos.37867, 37868 & 37869 of 2017 13.03.2023