The court dismissed a writ petition seeking allotment of an auctioned shop and action for corrupt practices, noting that the matter is sub judice in a related writ appeal where the deposit had already been returned.
The writ petition was dismissed with liberty to the petitioner to workout his remedy in the writ appeal.
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.
WP(MD)No.3030 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.3030 of 2016 and WMP(MD)No.2663 of 2016
K.Chidambaram
... Petitioner
Vs
Dindigul District.
4.C.Kamarudeen
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to allot Shop No.60 situated at Batlagundu Town Panchayat Bus Stand and consequently direct the respondent No.2 to initiate action against the respondent No.4 for his corrupt practices within the time stipulated by this Court.
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WP(MD)No.3030 of 2016
For petitioner : Mr.S.Rajasekar For Respondent : Mr.M.Sarangan, Nos.1 to 3 Additional Government Pleader
ORDER
The Batlagundu Town Panchayat has auctioned the shops constructed in Batlagundu bus stand in the year 2016 and this petitioner has taken shop No.60 in the auction conducted on 04.02.2016. The previous allottee of the shop has not vacated the shop and therefore the petitioner has filed this writ petition for a mandamus directing the respondents to allot the shop to this petitioner.
2.When this writ petition has been taken up for hearing, the learned Additional Government Pleader submits that the petitioner has filed this writ petition on 08.02.2016 and the previous allottee has filed another in WP(MD)No.5180 of 2016, which was dismissed only on 04.10.2016. Thereafter the shop was handed over to the petitioner on 07.10.2016. However, the petitioner did not accept the shop that it was handed over to him belatedly. He has also filed another writ petition to return the amount deposited by this petitioner. This Court has also passed an order directing the respondent to return the money as against the same, the Panchayat has filed writ appeal in WA(MD)No.1514 of 2017 2/4
WP(MD)No.3030 of 2016
wherein this Court directed the panchayat to deposit the amount of Rs.2,94,572/and the panchayat has also deposited the amount in the Indian Bank, High Court, Madurai Branch. Considering the subsequent development, this writ petition is dismissed with liberty to the petitioner to workout his remedy in the writ appeal. No costs. Consequently connected miscellaneous petition is closed.
10.10.2023
Internet: Yes / No Index: Yes/ No NCC: Yes / No
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WP(MD)No.3030 of 2016
B.PUGALENDHI, J.
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WP(MD)No.3030 of 2016
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K.Chidambaram
The Director of Town Panchayat, Kuralagam
The District Collector, Dindigul
The Executive Officer, Batlagundu
C.Kamarudeen
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
