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Thangaraj, Vs The Chairman — Property and Title | Madras HC (2016)

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Madras HC
2016
Thangaraj, Vs The ChairmanThangaraj, v. The Chairman

Dismissed

Thangaraj, v. The Chairman

Madras HC30 Mar 2016WP/10296/2016

Case brief

AI extract

What is this about?

Writ Petition filed to cancel auction for shop lease renewal. Court found evidence of bona fides and rejection of petition.

What did the court decide?

Writ Petition dismissed with direction to the Chairman.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S. SIVAGNANAM

W.P.No.10296 of 2016

Thangaraj .. Petitioner

Vs

The Chairman, Kinathukadavu Town Panchayat, Coimbatore District .. Respondent

Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondent to cancel the auction held on 28.12.2015 by the respondent for allotting the Shop No.23 to the petitioner in the respondent place and renew the lease for further period to the petitioner's shop situated in Kinathukadavu Town Panchayat, Commercial Complex in Central Bus Stand of Kinathukadavu, Coimbatore within the time limit stipulated by this Court.

For Petitioner : Mr.M.N. Balakrishnan

For Respondents : Mr.R.A.S.Senthilvel,

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the court should direct the respondent to cancel the auction held for shop allotment.

Parties & counsel

AI extract

petitioner
Thangaraj
respondent
The Chairman, Kinathukadavu Town Panchayat

Coram

AI extract

T.S. Sivagnanam

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 30 Mar 2016 · March
Registered: 17 Mar 2016
Case no.: WP/10296/2016

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Cite this judgement

Thangaraj, v. The Chairman, WP/10296/2016 (MAD), decided on 30 March 2016.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

T.S. Sivagnanam

Parties & counsel

Outcome

Writ Petition dismissed with direction to the Chairman.

Issue for consideration

Whether the court should direct the respondent to cancel the auction held for shop allotment.

Detailed headnote1 paragraphs

Petitioner sought to quash auction for shop allotment alleging discrimination as other lessees continued. Evidence confirmed tender notice issued to petitioner's employee and auction conducted for all shops. Court held no reason to doubt bonafides and dismissed petition.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Addl. Govt. Pleader

ORDER

Heard Mr.M.N.Balakrishnan, learned counsel appearing for petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for the respondent.

The petitioner has come forward with this Writ Petition for issuance of Writ of Mandamus to cancel the auction cum tender held on 28.12.2015 by allotting the shop No.23 to the petitioner in the respondent place and renew the lease for further period to the petitioner's shop situate in Kinathukadavu Town Panchayat, Commercial Complex in Central Bus Stand of Kinathukadavu, Coimbatore.

According to the petitioner, he is entitled to continue as a lessee. During the course of argument, a submission was made that except shop No.23, the remaining 24 shops were granted lease to the existing lessees itself. Therefore, this Court felt that there could be a case of discrimination. Hence, notice was issued to the respondent. On receipt of the notice,

https://hcservices.ecourts.gov.in/hcservices/

learned Standing Counsel appearing for the respondent has placed entire original records before this Court, from which, it is clear that notice has been received by R.Umarani, who is the employee of the petitioner.

Infact, the respondent has also produced a photograph
showing the Executive Officer handing over the tender notice to
the employee of the shop. That apart, the original tender
register has also been produced before this Court which shows
that tender cum auction has been conducted with respect of all
the shops and there is no reason to doubt the bonafides of the
action initiated by the respondent. Hence, the relief sought
for by the petitioner cannot be granted. Therefore, this Writ
Petition is dismissed. No costs.
msr
s/d-
Assistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
To
The Chairman,
Kinathukadavu Town Panchayat,
Coimbatore District
bvr(co)
prk26/4 W.P.No.10296 of 2016

https://hcservices.ecourts.gov.in/hcservices/

CNR

HCMA010049412016

Topic

Property and Title

Bench

T. S. Sivagnanam

Disposal

DISMISSED

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