Madras High CourtWP(MD)/8301/2013dismissed as infructuous

S.A.Thirumalaisamy, v. The Executive Officer,

2017-02-23Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.02.2017

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)No.8301 of 2013 and M.P(MD)No1 of 2013 S.A.Thirumalaisamy ..Petitioner Vs 1.The Executive Officer, Kutchanoor Town Panchayat, Kutchanoor, Theni District.

2.The President, Kutchanoor Town Panchayat, Kutchanoor, Theni District.

3.Thamarai Executive Officer, Kutchanoor Town Panchayat, Kutchanoor, Theni District.

4.M.Malaichamy ..Respondents.

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 of the first respondent's auction notice in proceedings in Na.Ka.No.108 of 2013, dated 29.4.2013 and to quash the same insofar as the auction of the Petitioner's shop No.1 is concerned and for a direction to the respondents 1 and 2 to receive the enhanced rate of rent of 5% over and above the existing rent of Rs.1000/- per month for the period from 20132014.. For Petitioner :MrS.Natesh Raja for M/s.B.S.G.Firm For Respondent-1 :Mr.Aayiram K.Selvakumar Govt.Advocate For Respondents :Mr.J.Gunaseelan Muthiah 2 and 3 Government Advocate For Respondent-4 : No appearance

ORDER

The learned counsel for the Petitioner submits that cause of action for which the prayer sought for is no longer subsists. The said submission is placed on record.

2.In view of the said submission, Writ Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Executive Officer, Kutchanoor Town Panchayat, Kutchanoor, Theni District.

2.The President, Kutchanoor Town Panchayat, Kutchanoor, Theni District.

Vsn js/CM/MSA/07.03.2017/2P-4C W.P(MD)No.8301 of 2013 and M.P(MD)No.1 of 2013 23.02.2017