Baskaran. V v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)Nos.17728, 17729 and 17731 of 2024 V.Baskaran

...Petitioner

Vs 1.The Commissioner, O/o.the Commissioner of HR and CE Department, Chennai.

2.The Joint Commissioner, HR and CE Department, Madurai Region, TNHB Colony, Ellis Nagar, Madurai.

3.The Assistant Commissioner / Sarkar, HR and CE Department, TNHB Colony, Ellis Nagar, Madurai.

4.The Executive Officer, Arlmigu Balathadayuthabani Swami Thirukovil, Nethaji Road, Madurai.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of auction of the third and fourth respondents dated 14.08.2024 and quash the same and consequently directing the respondents to consider the representation of the petitioner dated 01.07.2024 for renewal of lease of the shop situated in Ward No.4, Block No.07, Survey No.930, Door No.183A of Melamasi Veethi, Madurai.

For Petitioner : Mr.S.RamsundarVijayraj For R-1 to R-3 : Mr.P.Subbaraj Special Government Pleader For R-4 : Mr.S.Manohar

O R D E R

Heard Mr.S.RamsundarVijayraj, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader, for the respondents 1 to 3 and Mr.P.Subbaraj, learned counsel for the 4th respondent.

2. This Writ Petition has been filed challenging the impugned order of auction of the third and fourth respondents dated 14.08.2024 and quash the same and consequently directing the respondents to consider the representation of the petitioner dated 01.07.2024 for 2/5

renewal of lease of the shop situated in Ward No.4, Block No.07, Survey No.930, Door No.183A of Melamasi Veethi, Madurai.

3. Having participated in the tender called upon by the fourth respondent, this Writ Petition had been filed challenging the auction notification, by claiming that the petitioner had been a successful bidder in the earlier tender process and pending his renewal application, the tender had been called for.

4. In such view of the matter, this Writ Petition cannot be entertained, as the petitioner has estopped in challenging the tender notification.

5. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 15.11.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

Note: Issue Order Copy on 15.11.2024 .

To:

1.The Commissioner, O/o.the Commissioner of HR and CE Department, Chennai.

2.The Joint Commissioner, HR and CE Department, Madurai Region, TNHB Colony, Ellis Nagar, Madurai.

3.The Assistant Commissioner / Sarkar, HR and CE Department, TNHB Colony, Ellis Nagar, Madurai.

4.The Executive Officer, Arlmigu Balathadayuthabani Swami Thirukovil, Nethaji Road, Madurai.

4/5

K.KUMARESH BABU , J.

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