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Madras High CourtWP(MD)/11339/2019dismissed as infructuous

The President v. The General Manager

2020-03-06Honourable Mr Justice P.D.Audikesavalu2 pages

W.P.(MD)No. 11339 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2020

CORAM

THE HON'BLE MR.JUSTICE P.D. AUDIKESAVALU W.P.(MD)No. 11339 of 2019 and W.M.P.(MD)No.8642 of 2019 The President Nagercoil Local Lorry Owners Association, Ananthaimadam Lorry Stand Hindu College Road, Kottar Nagercoil-6290 02 Kanyakumari District.

... Petitioner Vs.

1.The General Manager, Tamil Nadu Civil Supplies Corporation 12, Thambusamy Road, Kilpauk, Chennai-600 010.

2.The Regional Manger, Tamil Nadu Civil Supplies Corporation, Kanyakumari Region, Konam Nagercoil, Kanyakumari District.

3.The Proprietor, SMT Transport, No.92 A, Porkudam Nagar, Paravai Extension, Madurai-625 402.

... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, to direct the respondents 1 to 2 to cancel the contract between themselves and the third respondent for the period from 01.09.2018 to 31.08.2019 in view of non-compliance of terms and conditions stipulated in Tender Notification. For Petitioner :

Mr. S.Xavier Rajini For Respondents :

Mr. R.Vijaya Kumar

O R D E R

When the matter is taken up for hearing, Learned Counsel for the Petitioner submits that the relief sought in the Writ Petition https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No. 11339 of 2019 has become infructuous and he has made an endorsement to that effect, which is recorded. It is made clear that since no adjudication has been made by the Court on the merits of the controversy between the parties, all issues in that regard are left open to be decided, if such necessity arises, in future legal proceedings.

2.

Accordingly, the Writ Petition is dismissed as infructuous with the aforesaid clarification.

Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(AD-II) /TRUE COPY/ / /2020 Sub Assistant Registrar TO 1.The General Manager, Tamil Nadu Civil Supplies Corporation 12, Thambusamy Road, Kilpauk, Chennai-600 010.

2.The Regional Manger, Tamil Nadu Civil Supplies Corporation, Kanyakumari Region, Konam Nagercoil, Kanyakumari District.

+1. C.C. to M/S.S.Xavier Rajini, Advocate SR.No. 10659 +1. C.C. to M/S.R.Vijaya Kumar, Advocate SR.No. 10447 W.P.(MD)No. 11339 of 2019 and W.M.P.(MD)No.8642 of 2019 Dated : 06.03.2020 CP JM/12.05.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2