Valamurugan C v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY Writ Petition(MD)No.9967 of 2025 C.Valamurugan ..Petitioner Vs 1.The Commissioner, Madurai Corporation, Ariangar Anna Maaligai, Madurai, Madurai District - 625 002.

2.The Assistant Commissioner (Revenue), Madurai Corporation, Ariangar Anna Maaligai, Madurai, Madurai District - 625 002.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to bring the Potato Shop No.13 and other such shops in Mattuthavani Vegetable Market for public auction by considering the representation dated 04.03.2025 of the petitioner within the time stipulated by this Court. 1/4

For Petitioner : Mr.S.Louis For Respondents : Mr.K.K.Kannan Standing Counsel ***

ORDER

DR.G.JAYACHANDRAN,J.

and S.SRIMATHY ,J.

The petitioner herein, claiming to be a public interest person, has filed this writ petition seeking a Mandamus to dispose of his representation dated 04.03.2025, which has brought to the notice of the Assistant Commissioner, Madurai Corporation, the subletting of the shop by the successful bidder contrary to the terms of the auction.

2. The learned Standing Counsel appearing for the respondent Corporation states that the representation of the petitioner is considered, and on enquiry, it was found that shop No. 13 is occupied by one Sermamani, who is the successful bidder and is carrying on business. This indicates that the averment made in the affidavit is not correct. Further, it is also very clear that the petitioner, who is neither the successful bidder nor the alleged sublessee, by way of a public interest litigation, is coming before this court.

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3. The learned Standing Counsel for the respondent Corporation further states that there is a civil dispute between Sermamani, the successful bidder, and one Murugesan, the alleged sublessee, and the suit in O.S.No.295 of 2023 is pending before the District Munsif Court, Madurai.

4. In the light of the above fact, the present petition under the guise of the public interest litigation is dismissed with costs of Rs.1,000/- (Rupees One Thousand only) payable to the Legal Services Authority of Madras High Court.

[G.J., J.] [S.S.Y., J.] skn 15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes To 1.The Commissioner, Madurai Corporation, Ariangar Anna Maaligai, Madurai, Madurai District - 625 002.

2.The Assistant Commissioner (Revenue), Madurai Corporation, Ariangar Anna Maaligai, Madurai, Madurai District - 625 002.

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DR.G.JAYACHANDRAN,J.

and S.SRIMATHY , J.

skn Writ Petition(MD)No.9967 of 2025 15.04.2025 4/4