Madras High CourtWP(MD)/2033/2015dismissed as infructuous

B.Kalidass v. The Chairman

2023-03-13Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.2033/2015 & MP(MD)No.2/2015 B.Kalidass

...Petitioner

Vs 1.The Chairman, Karaikudi Municipality, Karaikudi, Sivagangai District.

2.The Commissioner Karaikudi Municipality, Karaikudi, Sivagangai District.

3.The Engineer, Karaikudi Municipality, Karaikudi, Sivagangai District.

4.V.K.A.Prabhakar

...Respondents

(The fourth respondent is impleaded vide Court order dated 09.09.2015 in MP(MD)No.3/2015) 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent relating to the proceedings in Na.Ka.No.697/2014/A1 dated 30.12.2014 and quash in so far the public auction conducted in respect of sl.no.10 item no.17 is concerned and consequently, direct the respondents 1 to 3 herein to re-conduct the public auction in respect of sl.no.10 item no.17 in the second respondent notification in Na.Ka.No. 697/2014/A1 dated 30.12.2014 afresh.

For Petitioner :

Mr.D.Srinivasaraghavan For Respondents :

Mrs.K.Elil Selvi for R2 Mr.R.Sundar Srinivasan for R4 No appearance for R1 and R3

O R D E R

The learned counsel appearing for the petitioner submits that the writ petition is filed challenging the public auction conducted in the year 2015. Further, the petitioner has also passed away and therefore, nothing survives in this writ petition. He has also made an endorsement to that effect.

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2. In view of the endorsement made by the learned counsel appearing for the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed. 13.03.2023 NCC: Yes / No Index :Yes / No Speaking Order : Yes / No mbi 3/4

B.PUGALENDHI, J.

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