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Madras High CourtWP(MD)/12509/2015dismissed

G. Aaro Selvam, v. The Commissioner,

2019-03-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12509 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 G.Aaro Selvam ... Petitioner -VsThe Commissioner, Bodinayakanoor Municipality, Theni District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in connection with the impugned notification issued by the respondent in Na.Ka.No.3829/2014/A3, dated 31.03.2015 and quash the same. For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.M.Karuppasamy Government Advocate

ORDER

Heard the learned counsel on either side.

2.The writ petitioner was originally running a lodge that belonged to the respondent/municipality. The respondent municipality demolished the said lodge and put up eight shops in stead. They were brought to public auction. The respondent municipality wanted to bring those shops to public auction. Accordingly, it issued impugned notice, dated 31.03.2015. The same is challenged in this writ petition.

3.When the matter was taken up for hearing, the learned Government Advocate appearing for the respondent/municipality brought to the notice of this Court that the auction was successfully completed and the eight shops were allotted to eight individuals, who were the highest bidders. The petitioner did not get any interim order in the pending writ petition. The allottees have been in possession of the shops in question for more than three years.

4.I am therefore of the view that nothing survives in the writ petition at this point of time. It is further alleged that the writ petitioner was a defaulter. The learned Government Advocate would further assert that the writ petitioner, owes money to the municipality.

https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the same, the writ petition is dismissed. No

costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) To:

The Commissioner, Bodinayakanoor Municipality, Theni District.

+1cc to Mr.G.THALAIMUTHARASU, Advocate, SR.No.53627 W.P.(MD)No.12509 of 2015 IAS KK/SAR/23.04.2019/ 2P- 3C https://hcservices.ecourts.gov.in/hcservices/