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Madras High CourtWP(MD)/5601/2017closed

N.Vijayakumar v. The District Collector

2017-11-15Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).Nos.5601 & 5602 of 2017 and W.M.P.(MD)Nos.4490 to 4493 of 2017 N.Vijayakumar

...Petitioner in W.P(MD)No.5601/17

Ragupathy

...Petitioner in W.P(MD)No.5602/17

Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Assistant Director of Panchayats, Collectorate, Kokkirakulam,

3. The Executive Officer, Selection Grade Town Panchayat, Thisayanvillai,

...Respondents in both petitions

PRAYER in W.P(MD)No.5601/17 : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings in Na.Ka.30/2017 dated 10.03.2017 on the file of the Executive Officer, Selection Grade Town Panchayat, Thisayanvillai, the 3rd respondent herein in respect of 9th item of impugned notice and quash the same and consequently direct the respondents to consider the request of the petitioner to extend the period of license by 3 years for the period 2017-2019 as per GO Ms No.92 and 181 of the Municipal Administration.

PRAYER in W.P(MD)No.5602/17 : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings in Na.Ka.30/2017 dated 10.03.2017 on the file of the Executive Officer, Selection Grade Town Panchayat, Thisayanvillai, the 3rd respondent herein and quash the same and consequently direct the respondents to consider the request of the petitioner to extend the period of license by 3 years for the period 2017-2019 as per GO Ms No.92 and 181 of the Municipal Administration.

For Petitioners : Mr.S.Siva Thilakar For Respondents : Mr.M.Alagathevan, Special Government Pleader (In both petitions) C O M M O N O R D E R As the issue involved in both the petitions are similar in nature, they are disposed of by this common order.

2. By consent, these writ petitions are taken up for final disposal.

3. These writ petitions have been filed, questioning the impugned auction notice of the third respondent dated 10.03.2017 and also for a direction to the respondents to extend the license period, by considering the representation of the petitioners.

4. When the matter is taken up for hearing today, it is represented by the learned Counsel on either side that the pursuant to the notice dated 10.03.2017, auction was conducted, in which, the family members of the petitioners came to be the successful bidders.

5. In such a view of the matter, nothing survives for further adjudication and these writ petitions are accordingly closed, leaving it open to the petitioners to participate in the auction, as and when conducted by the authorities, in future. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Assistant Director of Panchayats, Collectorate, Kokkirakulam,

3. The Executive Officer, Selection Grade Town Panchayat, Thisayanvillai, +2cc to Mr.S.Siva Thilakar, Advocate Sr.No.87692,87693 +1cc to Spl.Government Pleader Sr.No.87608 GK VB/SV/MMS/SAR1/24/11/2017/3P/7C W.P.(MD).Nos.5601 & 5602 of 2017 15.11.2017