Madras High CourtWP(MD)/14528/2021dismissed as infructuous

Sethuraman.P v. The District Collector

2021-08-17Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P. No.14528 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2021

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD) No.14528 of 2021 and W.M.P(MD).Nos.11471 & 11473 of 2021 P.Sethuraman ... Petitioner Vs.

1.The District Collector, Theni, Theni District.

2.The Executive Officer, Thamarikulam Panchayat, Periyakulam Taluk, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for records on the file of the second respondent pertaining to its notice bearing Na.Ka.No.169/2021 dated 05.08.2021 and quash the same and consequently directing the respondents to extend the lease for further period of 3 years from 2021to 2022 by receiving 15% over and above the existing rent payable by the petitioner. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.R.Baskaran : Counsel for State for R1 Mr.R.Ragavendran for R2

O R D E R

The petitioner challenges an auction notice dated 05.08.2021 and also seeks consequential relief.

2. At the hearing today, learned counsel representing the second respondent, Mr.R.Ragavendran, states that the auction notice dated 05.08.2021 has been recalled and that instead a fresh notice dated 13.08.2021 has been issued.

3. Learned counsel for the petitioner states that the present writ petitioner may be closed by recording the aforesaid submission and granting leave to the petitioner to challenge the fresh auction notice.

4. Accordingly, W.P.(MD).No.14528 of 2021 is dismissed as https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. No.14528 of 2021 infructuous by leaving it open to the petitioner to challenge the subsequent auction notice dated 13.08.2021. There will be no order as to costs. Consequently, connected W.M.P(MD).Nos..11471 & 11473 of 2021 are closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn To 1.The District Collector, Theni, Theni District.

2.The Executive Officer, Thamarikulam Panchayat, Periyakulam Taluk, Theni District.

+1 CC to MR.S.C.HELOD SINGH, Advocate( SR-26570[F] dated 17/08/2021 ) +1 CC to M/s.GP ( SR-26750[F] dated 19/08/2021 ) W.P.(MD) No.14528 of 2021 and W.M.P(MD).Nos.11471 & 11473 of 2021 17.08.2021 MGJ(25.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2