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Madras High CourtWP(MD)/3276/2011dismissed

P.Natarajan, v. The District Collector

2017-02-02Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.02.2017 Coram THE HON'BLE MR.JUSTICE M.S.RAMESH Writ Petition (MD)No.3276 to 3278 of 2011 P.Natarajan ... Petitioner in all cases -Vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.Assistant Director of Panchayats, Collectorate, Tirunelveli.

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

Respondents in all cases Prayer in wp(md).3276 of 2011: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus Calling for the records relating to Na.Ka.No.166/2010/A2 dated 09.09.2010 of the Executive Officer, Thisayanvilai Selection Grade Town Panchayath, The 3rd respondent herein in respect of sweet shop No.5 and quash the same and consequently direct the 3rd respondent to conduct fresh auction as per law. Prayer in wp(md).3277 of 2011: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus Calling for the records relating to Na.Ka.No.166/2010/A2 dated 09.09.2010 of the Executive Officer, Thisayanvilai Selection Grade Town Panchayath, The 3rd respondent herein in respect of shop No.

2, fruit stall and quash the same and consequently direct the 3rd respondent to conduct fresh auction as per law. Prayer in wp(md).3278 of 2011: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus Calling for the records relating to Na.Ka.No.166/2010/A2 dated 09.09.2010 of the Executive Officer, Thisayanvilai Selection Grade Town Panchayath, The 3rd respondent herein in respect of Tea Stall No.11 and quash the same and consequently direct the 3rd respondent to conduct fresh auction as per law. https://hcservices.ecourts.gov.

For petitioner : M/S.S.Siva Thilakar For Respondent : Mr.T.R.Janarthanan Addl. Government Pleader for R1 and R2 R3-No Appearance COMMON ORDER The petitioner, who was the successful bidder in the auction conducted by the third respondent in respect of the shop Nos.2, 5 and 11 situated at new bus-stand, Thisaiyanvilai, Tirunelveli District, has filed these writ petitions challenging the order of confirmation in his favour insofar as it relates to the period of allotment, which was determined till 31.03.2011.

2. As per the terms and conditions of the auction notification dated 16.08.2010, the shops must have been let out to the petitioner for a period of three years, not till 31.03.2011. Even assuming that the petitioner is entitle for the lease for a period of three years ie., from 01.09.2010 to 31.08.2011, the said period has expired.

3. In view of the same, there is no merits in these writ petitions. Accordingly, these writ petitions are dismissed. No Costs.

Sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.Assistant Director of Panchayats, Collectorate, Tirunelveli.

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

+1CC to M/S.P.Thilakkumar, Advocate, SR.No. 6081 +1CC to the Special Government Pleader, SR.No. 5975 W.P.(MD).No.3276 to 3278 of 2011 02.02.2017 pm AM/MR/17.02.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/