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2024 Supreme(Online)(Mad) 87609

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
T.Mathan S/o. C. Thamban – Appellant
Versus
The Commissioner Tirupattur – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.02.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.25616 of 2017 and W.M.P.No.27004 of 2017 T.Mathan ... Petitioner Vs.

1. The Commissioner, Tirupattur Municipality, Tirupattur, Vellore District.

2. The District Collector, Vellore District at Vellore. ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Declaration, declaring the public Auction held by the 1st respondent on 12.09.2017 and 13.09.2017 vide Notification in Na.Ka.No.6137 / 2015 /A4 dated 01.09.2017 in so far as SI.No.1 and 2 are concerned as null and void and to consequently direct the respondents to hold / conduct a fresh public auction with fair and transparent manner as per the Act.

For Petitioner : Mr.L.Chandra Kumar For Respondents : Mr.S.J.Mohamed Sathik, Government Advocate (for R2)

No Appearance (for R1)

ORDER

The relief sought for in the present writ petition is to declare the public auction held by the first respondent on 12.09.2017 and 13.09.2017 vide notificaiton dated 01.09.2017 as null and void. Further he sought to direct the respondents to conduct a fresh public auction.

2. On account of efflux of time and considering the fac that the successful bidders are in occupation of the commercial shops for the past about six (6) years, the relief as such sought for in the writ petition lost its relevance. However, if any grievance exist as of now, regarding any such allotment of shop, the petitioner is at liberty to approach the competent authority in the manner known to law.

3. Accordingly, the writ petition stands disposed off. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

05.02.2024 Index : Yes Speaking Order Neutral Citation : Yes (sha)

To

1. The Commissioner, Tirupattur Municipality, Tirupattur, Vellore District.

2. The District Collector, Vellore District at Vellore.

S .M.SUBRAMANIAM . J., (sha)

05.02.2024

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