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Madras High CourtWP(MD)/21052/2021dismissed

Syed Nagoor Masthan v. The Madurai City Muncipal Corporation

2022-01-11Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.21052 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.21052 of 2021 and W.M.P.(MD).No.17659 of 2021 S.Syed Nagoor Masthan ... Petitioner Vs.

The Madurai City Municipal Corporation, Represented by its Commissioner, Thallakulam, Madurai.

... Respondent 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 entire records relating to the impugned Public Auction / Contract Point Notice of the respondent in Mava4/000600/2021 (Ma.Po.4/MSCL P/2018-19 dated nil in respect of auctioning the Jhansi Rani Park Shops and quash the same and consequently direct the respondent herein to allot a shop to the petitioner in compliance with the orders of this Court in W.P(MD). No.4212 of 2019 and in consonance with the respondents own assurance earlier given on 03.10.2019 and 11.09.2020.

For Petitioner : Mr.K.K.Senthil For Respondent : M/s.S.Devasena, Standing Counsel.

ORDER

Mrs.S.Devasena, learned Standing Counsel, takes notice for the respondent.

2. A counter had been filed on behalf of the respondent stating that the auction, which is questioned by the petitioner in the Writ Petition, had been conducted. The auction was with respect to about 10 shops in Jhansirani Park area. Though, it had been stated that the auction had been concluded on 03.12.2021, the details of either the participants or the successful bidders in the auction had not been given.

3. Anyway, recording the aforesaid statement that auction had been conducted, the present Writ Petition is dismissed as infructuous. But, however, liberty is given to the petitioner to question the procedure and the manner in which the auction had been conducted, in manner known to law. A representation may be given by the petitioner to the respondent seeking details about the participants and whoever had been selected as the successful bidders and the respondent may reply to the same in manner known to law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.21052 of 2021

4. Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO:

The Commissioner, The Madurai City Municipal Corporation, Thallakulam, Madurai.

+1 CC to M/s.K.K.SENTHIL, Advocate (SR-1159[F] dated 11/01/2022 ) W.P.(MD).No.21052 of 2021 11.01.2022 BK(CO) GC(31.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2