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Madras High CourtWMP(MD)/6871/2019disposed of

The Commissioner v. The District Collector

2019-07-02Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Wednesday, the Seventh day of August Two Thousand Nineteen

Present

The Hon`ble Mr.Justice M.SATHYANARAYANAN AND The Hon`ble Mr Justice B.PUGALENDHI THE COMMISSIONER, MELUR MUNICIPALITY, MADURAI.

... Petitioner/2nd Respondent Vs 1 THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI.

2 V.PANDURANGAN 3 R.PAKIRATHAN ... Respondents/Respondents 4 ILANGO ... Respondent/Petitioner Prayer :- To extent the time to comply the Hon'ble High Court order in WP(MD) No.23224 of 2018 dated 1.3.2019 and thus render justice. Prayer in WP(MD). 23224 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st and 2nd respondents to conduct auction for the Hotel in Melur Bus Stand, Madurai District by following the due process of law, within the stipulated time as may be fixed by this Honourable Court, based on the petitioner's representation dated 19.09.2018. ORDER:- This Writ Miscellaneous petition Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.CHELLAPANDIAN, ADDITIONAL ADVOCATE GENERAL Assisted by J.GUNASEELAN MUTHIAH ADDL GOVT.PLEADER, on behalf of the petitioner and 1st Respondent and of MR.JEGADEESHA PANDIAN, Advocate for the 4th Respondent and of MR.VEERAKATHIRAVAN, Senior Counsel for MR.C.SASIKUMAR, Advocate for the 3rd Respondent, this court made the following order:

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(Order of this Court was made by M.SATHYANARAYANAN, J) Heard the learned Counsel appearing for the petitioner and the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the official respondents and perused the materials placed on record. 2.A perusal of the materials would prima facie disclose that the order dated 01.03.2019 has not been fully complied with. 3.The learned Additional Advocate General appearing for the local body would submit that the Municipal Engineer, who is also in charge of the Office of the Commissioner, Melur Municipality sent a communication dated 28.05.2019 to the Public Relation Officer, District Collectorate, Madurai to effect publication in Daily Thanthi and Daily Malar and also in some other Tamil Dailies. However, on a misconstruction, the publication was effected only in "Madurai Mani".

4.This Court prima facie is not satisfied with the reasons assigned by the learned Additional Advocate General, therefore, directs the presence of the Public Relation Officer, District Collectorate, Madurai District, Madurai to personally remain present before this Court on the next date of hearing. 5.Call on 16.08.2019.

Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) TO

1. THE DISTRICT COLLECTOR MADURAI DISTRICT, MADURAI.

2. THE PUBLIC RELATION OFFICER, DISTRICT COLLECTORATE, MADURAI DISTRICT.

3. THE COMMISSIONER MELUR MUNICIPALITY, MADURAI.

4. THE SPECIAL GOVERNMENT PLEADER, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO The Section Officer,Writ Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 02/07/2019 POST ON : 16.08.2019 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

AVS(CO) TR (14.08.2019) 3P 6C 3/3