High Court disposed of a writ petition challenging an order regarding an auction for shop allotment after the respondents communicated they would offer preferential allotment to petitioners matching the highest bid.
Writ petition disposed as petitioners were satisfied by respondents communicating preferential allotment in auction.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :: 11.05.2023
CORAM:
THE HONOURABLE Dr.JUSTICE ANITA SUMANTH
W.P. No.15175 of 2023
and WMP Nos.14674 to 14676 of 2023
5.Periyasamy 6.Manoharan
7.Nagarajan 8.Haja Mohideen 9.Abdul Malik 10.R.Muthukumar 11.Santhi 12.Basheer Ahmed ... Petitioners
Vs
1.The Commissioner Ariyalur Municipality, Ariyalur.
2.State of Tamil Nadu Municipal Administration and Water Supply Department Fort St.George Chennai-600 009. ... Respondents
Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling of the records of the 1st respondent in Na Ka No.1808/2023/A1 dated 28.4.2023 and quash the same and direct the 1st respondent to offer alternate accommodation in the temporary bus stand in the same lease terms.
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For the Petitioner ... Mr.Srinath Sridevan, Senior Counsel, for Mr.Bhagavath Krishnan For the Respondents ... Mr.L.P.Maurya, Standing Counsel for the first respondent
Mr.Arumugam, Government Advocate, for the second respondent
O R D E R
Heard Mr.Bhagavath Krishnan learned counsel for the petitioner, Mr.L.P.Maurya, Standing counsel for the first respondent and Mr.Arumugam, Government Advocate, for the second respondent. Read this order in continuation and conjunction with the order dated 10.05.2023, wherein paragraphs 3, 4 and 5 read as follows:
“3.Mr.Maurya, learned counsel, who is appearing for the contesting respondent states that there is no objection in the petitioners attempting to match the highest bid in auction as and when conducted for allotment. Let this position be reduced to writing by the respondents.
4.The approach, as above, satisfies the petitioner as well.
5.List on 11.05.2023 to await memo from R1.”
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“6.It is respectfully submitted that since construction work is taking place in the old bus stand, a temporary bus stand has been set up in the Ariyalur bypass road on vacant land belonging to Opilathaman Temple under the control of H.R. & C.E. Department. It is respectfully submitted that in an effort to augment revenue for the 1st respondent Municipality, it has been decided to auction the vacant land available in the temporary bus stand on ground rent basis. It is respectfully submitted that the auction will take place on 16.05.2023.
7.It is respectfully submitted that in the above circumstances based on the instructions of the 1st respondent Commissioner communicated in the letter dated 10.05.2023 in Na.Ka.No.1251/2023/A1 it is submitted that the writ petitioners can very well participate in the auction scheduled to be held on 16.05.23 and if the petitioners match the highest bid fetched in respect of the shops auctioned they would be allotted the shops on ground rent basis.”
above:
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(i) The petitioners are permitted to participate in the auction scheduled on 16.05.2023;
(ii) Irrespective of their bid i.e. to clarify, even if their bids fall below the highest bid, they will be intimated about the highest bid in respect of the shops auctioned, such that the first offer will be made to the petitioners subject to their satisfying the highest bid received;
(iii) If the petitioners match the highest bid, the allotment of the shops will preferentially be made to them.
11.05.2023
Index: Yes tar
Office to note
Issue copy by 15.05.2023.
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To
2.State of Tamil Nadu Municipal Administration and Water Supply Department Fort St.George Chennai-600 009.
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Dr. ANITA SUMANTH, J.
(tar)
W.P. No.15175 of 2023
11.05.2023
K.Athiyaman & Others
The Commissioner Ariyalur Municipality
State of Tamil Nadu Municipal Administration and Water Supply Department
Dr. Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court