The High Court of Madras dismissed a writ petition seeking a mandate to allot shops via public auction. Upon respondent representation that no allotment would occur without an auction, the court dismissed the petition.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2017
CORAM
THE HON'BLE Mr. JUSTICE M.M.SUNDRESH
W.P.No.35589 of 2016
& W.M.P.No.30593 of 2016
T.Marimuthu .... Petitioner
Vs.
1.The District Collector,
Dharmapuri District,
Dharmapuri.
2.The Assistant Director,
District Municipal Administration,
Dharmapuri District, Dharmapuri.
3.The Executive Officer,
Kadathur Town Panchayat,
Kadathur, Pappireddypatty Taluk,
Dharmapuri District.
4.The Kadathur Town Panchayat,
rep. by its President,
Kadathur Town, Pappireddypatty Taluk,
Dharmapuri District. ... Respondents
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents herein to allot the newly constructed shops in the Kadathur Bus Stand by the respondents 3 and 4 by conducting public auction strictly in accordance with Rule 3 of the Tamil Nadu Panchayat(Procedure for Conducting Public Auction of Lease and Sales in Panchayat) Rules 2001.
For Petitioner : Mr.R.Thamaraiselvan
For Respondents : Mr.P.V.Selvakumar
Addl. Government Pleader for R1 & R2
Mr.Suriya Narayanan, Government Advocate for R3 & R4
ORDER
Alleging that the shops are likely to be allotted without conducting public auction, the present writ petition has been filed seeking direction to that effect.
-s/d-
Assistant Registrar(CS-VI)
True Copy
Sub-Assistant Registrar
To
1.The District Collector,
Dharmapuri District,
Dharmapuri.
2.The Assistant Director,
District Municipal Administration,
Dharmapuri District, Dharmapuri.
3.The Executive Officer,
Kadathur Town Panchayat,
Kadathur, Pappireddypatty Taluk,
Dharmapuri District.
4. The President,
The Kadathur Town Panchayat,
Kadathur Town, Pappireddypatty Taluk,
Dharmapuri District.
+1 CC to Mr.R.Thamaraiselvan, Advocate sr 20554
+1 CC to The Govt. Pleader sr 20846
W.P.No.35589 of 2016
SK(CO) sp/20/4
1 issue framed by the court
Whether the District Collector was directed to allot shops without conducting a public auction.
2 provisions across 2 enactments
T. Marimuthu
The District Collector
The Assistant Director
The Executive Officer
The Kadathur Town Panchayat
M.M. Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
