E. Padmanabhan, J.

1. The present Writ Appeal has been preferred being aggrieved by the order of dismissal dated 212. 1997 passed in W.P. No.12846 of 1997 on the file of this court.

2. This court ordered notice of motion on 22. 1998. The respondents have been served and they have entered appearance through their respective counsel.

3. Heard Mr.R. Krishnamurthi, Senior Counsel appearing for the appellant and Mr.Patty B. Jaganathan for the first respondent and Mr.K.P.H. Thulasiraman, Special Government Pleader for the second respondent. The parties will be referred to as arrayed in the Writ Petition, for convenience.

4. The Writ Petitioner filed W.P. No. 12846 of 1997 praying for the issue of a writ of certiorarified mandamus calling for the records of the first respondent, Executive Officer, Vailankanni Town Panchayat culminating in his office R.C. No.356/97/A2 dated 8. 1997, quash the same and forbear the first respondent from conducting the auction proposed to be held on 28. 1997 or any other future date to which it may be adjourned and from collecting any amount from the vehicles entering into Vailankanni in the form of toll-gate kist or entry fees.

5. The peti