M.J.Sathick Batcha vs The Commissioner
2026 Latest Caselaw 1563 Mad

Madras High Court

M.J.Sathick Batcha vs The Commissioner on 24 March, 2026

                                                                                      W.P.(MD)No.3111 of 2024

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 24.03.2026

                                                        CORAM

                     THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

                                            W.P.(MD)No.3111 of 2024
                                                     and
                                           W.M.P.(MD)No.3081 of 2024

                     M.J.Sathick Batcha                                                 ... Petitioner

                                                             vs.
                     The Commissioner,
                     Thanjavur City Municipal Corporation,
                     Thanjavur - 613 001,
                     Thanjavur District.                                                ... Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, to declare that the auction
                     conducted on 27.12.2023 by the respondent based on the notification in
                     Na.Ka.No. 9031/2023/MCA3 dated 13.12.2023 published in the
                     Thinathandhi Newspaper for the Shop No.16 in the item No.18 of the
                     above said notification is null and void and illegal and consequently, to
                     direct the respondent to conduct re-auction for the shop no.16 in the item
                     No.18 of the above said notification.

                                  For Petitioner       :Mr.S.Siva Thilakar
                                  For Respondent       :Mr.N.Dilip Kumar
                                                         *****

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                                                                                              W.P.(MD)No.3111 of 2024



                                                               ORDER

The petitioner is before this Court seeking issuance of a Writ of

Mandamus to declare the auction conducted on 27.12.2023, pursuant to

the Tender Notification dated 13.12.2023, in respect of Shop No.16 (Item

No.18), as null and void and illegal, and consequently to direct the

respondent to conduct a re-auction for the said shop.

2. Mr. N. Dilip Kumar, learned counsel appearing for the

respondent, submitted that pursuant to the auction, the subject shop has

already been allotted to the successful bidder and the bid submitted by

the petitioner was rejected. He further submitted that, on the request

made by the petitioner dated 09.04.2025, the respondent has refunded a

sum of Rs.4,00,000/- towards Earnest Money Deposit (EMD) on

05.05.2025.

3. In the light of the above, it is seen that the petitioner has neither

challenged the allotment in favour of the successful bidder nor impleaded

the successful bidder as a party to the present proceedings. Further, the

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petitioner has accepted the refund of the Earnest Money Deposit (EMD).

In such circumstances, the relief sought for by the petitioner does not

survive for consideration.

4. Accordingly, the writ petition is dismissed as infructuous. No

costs. Consequently, the connected miscellaneous petition is closed.

                     Index              :Yes / No                                             24.03.2026
                     Internet           :Yes / No
                     NCC                :Yes / No

                     cmr









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                                                   HEMANT CHANDANGOUDAR, J.
                                                                                              cmr









                                                                                     24.03.2026

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