Dismissed

John Desuza v. The District Collector

Madras HC9 Jul 2021WP/19006/2020

Case brief

AI extract

What is this about?

The writ petitioner sought a direction to cancel an e-auction scheduled for December 15, 2020. The Court found the petition infructuous as the auction had already been concluded and possession of the shops handed over to successful bidders. The petition was dismissed.

What did the court decide?

The writ petition was dismissed with no order as to costs; the related miscellaneous petition was closed.

John Desuza Vs The District Collector — Public Procurement and Tenders | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.07.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.NO.19006 OF 2020

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John Desuza, S/o.Albert State Secretary Eyalaigal Munnetra Kazhagam No.3/230, Lourdupuram Wellington Barracks, Coonur Nilgiris District.

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... Petitioner .Vs.

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The District Collector, Nilgiris District, Uthagamandalam.

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The Secretary, Ministry of Defence, Government of India, No.17, Akbar Road,

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New Delhi - 11.

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The Chief Executive Officer, Cantonment Board, Willington City, Uthagamandalam - 2, Nilgiris District. ... Respondents

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 5.12.2020 in accordance with law by cancelling the e-auction to be held dated 15.12.2020 on the file of third respondent herein, pursuant to the Notice No.E.Auction/Stalls/ Revenue/Wellington/Cantonment dated 9.11.2020 on the file of the third respondent.

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For Petitioner : Mr.R.Sankarasubbu

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For Respondents : Mr.Vijayan For M/s.King and Partridge For 3^rd respondent

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

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: Mr.P.Muthukumar Counsel for the State For the 1^st respondent

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: Mr.C.V.Ramachandramurthy CGSC for the 2^nd respondent

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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The prayer in the writ petition, brought in public interest, is for a direction on the respondents to consider the representation of the petitioner and cancel the e-auction that was scheduled to be held on December 15, 2020.

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When the matter was taken up on January 6, 2021, it was submitted by the third respondent Cantonment Board that the e- auction had already been conducted. The third respondent was directed to file an affidavit. Such affidavit has been filed and it is submitted by the third respondent that not only has the e- auction been conducted, possession of the shop rooms has been made over to the successful licensees.

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When the matter last appeared on February 17, 2021, it was recorded that an useless prayer for adjournment was made on behalf of the petitioner despite it being evident that the petition may have become infructuous. The matter was directed to appear eight weeks hence and costs were reserved.

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The same meaningless prayer for an adjournment is made on behalf of the petitioner all over again. The challenge was to an auction that has already been conducted. The consequence of conducting the auction was the making over of possession to the successful licensees which, according to the third respondent and his affidavit, has also been completed.

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Nothing survives of the petition. W.P.No.19006 of 2020 is dismissed. There will be no order as to costs. Consequently, W.M.P.No.23566 of 2020 is closed.

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//True Copy//

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Sub Assistant Registrar

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bbr

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

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The District Collector, Nilgiris District, Uthagamandalam.

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The Secretary, Ministry of Defence, Government of India, No.17, Akbar Road, New Delhi - 11. 3. The Chief Executive Officer, Cantonment Board, Willington City, Uthagamandalam - 2, Nilgiris District. +1cc to M/s.King and Partridge, Advocate, S.R.No.32265 +1cc to the Government Pleader, S.R.No.32373

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W.P.NO.19006 OF 2020

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AK-II(CO) PBS/16/08/2021

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

John Desuza v. The District Collector

Case brief

What is this about?

What did the court decide?

John Desuza v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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