Petitioner sought writ of Mandamus for fresh auction notification of a vacant plot. The High Court dismissed the petition as nothing survived adjudication after learning the land had already been sold to a bank in lieu of a loan amount.
null
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.11.2018
CORAM THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1495 of 2015
and M.P.(MD)No.1 of 2015
R.Cheralathan
... Petitioner
Vs
No.A.1449, Madura Coats Labour Cooperative stores limited,
3, Arapalayam cross road,
Madurai 16.
Cooperative stores limited,
3, Arapalayam cross road, Madurai 16.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to issue fresh auction notification in the manner known to law, inviting tenders to sell the 43 cents vacant plot belonging to A.1449, Madura coats Labour Cooperative Stores Ltd., situated at Palanganatham, Madurai, under the supervision of respondent No.4, taking into account of the petitioner's representation, dated 08.01.2015.
For Petitioner : Mr.V.Vinayagamoorthy For Respondents : Mr.R.Karthikeyan
For R-1. Mr.J.Padmavathy Devi Special Government Pleader for R-4
2
ORDER
This writ petition has been filed seeking a writ of Mandamus, to direct the respondents 1 and 2 to issue fresh auction notification in the manner known to law, inviting tenders to sell the 43 cents vacant plot belonging to A.1449, Madura Coats Labour Cooperative Stores Ltd., situated at Palanganatham, Madurai, under the supervision of respondent No.4, taking into account of the petitioner's representation, dated 08.01.2015.
3.On an earlier occasions, when the matter came up for hearing, no interim orders were granted and it was simply adjourned for getting instruction and for filing counter. When the matter was called on 20.11.2018, there was no representation on behalf of the petitioner and hence, it was directed to be listed under the caption 'for dismissal' on 22.11.2018 and on 22.11.2018 also, the matter was again adjourned to 27.11.2018. Therefore, for the two occasions, the petitioner's counsel was not present. Hence, the learned Special Government Pleader informed that she will produce necessary instructions. Accordingly, today, she produced a letter dated 26.11.2018 sent by the General Manager of the Madurai District Central Co-operative Bank Ltd., 187, North Veli Street, Madurai-1, wherein after a due process of law, the said land in question was taken by the said bank in lieu of the loan amount of Rs.5,06,10,825/-. Hence, the 43 cents land has been sold to the said Bank on 26.03.2015.
4.In view of the above, nothing survives in this writ petition for further adjudication. Accordingly, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed.
Sd/-
Assistant Registrar(Writs)
/True Copy/
Sub Assistant Registrar(CS-III)
To
No.A.1449, Madura Coats Labour Cooperative stores limited,
https://hcservices.ecourts.gov.in/hcservices/ 3, Arapalayam cross road,
Madurai 16.
3
MK/KK/PM/SAR 3/28.12.2018/3P/6C
W.P(MD)No.1495 of 2015 27.11.2018
R.Cheralathan
The President, No.A.1449, Madura Coats Labour Cooperative stores limited
The Secretary, No.A.1449, Madura Coats Labour Cooperative stores limited
The Chairman, M.D.C.C. Bank
Regional Joint Registrar, Co-operative Society, Madurai Region
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
