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2003 Supreme(Mad) 1662

D.MURUGESAN
Tambaram Perunagar Anaithu Viyabarigal Sangam (Regd. No. 135/87) – Appellant
Versus
State of Tamil Nadu rep. by its Secretary to Government & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.S.Sampathkumar, Senior Counsel for M/s Sampath Kumar & Associates. For the Respondents:Mr.S.V.Durai Solaimalai, Government Advocate for R1 Government Mr.N.R.Chandran, Advocate General for Mr.K.R.Tamizhmani for R2 Municipality.

Judgment :-

In all these writ petitions, the petitioners have questioned the auction notice issued by the 2nd respondent, the Commissioner, Tambaram Municipality, calling for tender-cum-public auction of shops occupied by the petitioners with a consequential relief forbearing the respondents from putting into auction the shops belonging to the petitioners. In W.P.No.17350 of 2002, the petitioner-sangam has challenged the notice dated 9.5.2002 and in all the other writ petitions the members of the petitioner-sangam have challenged the individual notice dated 22.7.2002 issued by the 2nd respondent.

2. The following are the few facts as culled out from the averments made in the affidavit filed in support of the W.P.No.17350 of 2002, which led to the filing of the writ petitions. Since almost all the petitioners have questioned the impugned auction notice on the same averments, I do not elaborate the averments made in the affidavits filed in support of each of the writ petitions and for the purpose of disposal of the writ petitions, the averments made in W.P.No.17350 of 2002 are alone discussed.

3. The petitioner sangam was formed with the aim of uplift and welfare of 112 shop owners of






































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