1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD).No.1177 of 2011 and M.P.(MD).No.1 of 2011 P.Shankar ... Petitioner Vs. 1.Tamil Nadu Industrial Investment Corporation Limited, through its Branch Manager, No.39, South Street, IOB Building 2nd Floor, Thanjavur. 2.Regional Manager, Tamil Nadu Industrial Investment Corporation Limited, No.33, KRT Building, Promenade Road, Cantonment, Trichy. 3.The Managing Director, Tamil Nadu Industrial Investment Corporation Limited, No.692, Anna Salai, Nandanam, Chennai – 600 035. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents to confirm the public auction sale conducted on 09.12.2010 by the first respondent in respect of item No.3 mentioned in the publication dated 24.11.2010 in Dhinathanthi in advertisement Tha.Tho.Mu.Ka.Trichy No.08/2010-2011 in favour of the petitioner as he is highest bidder in the public auction. For petitioner : Mr.K.Sekar For respondents : Mr.Aiyar and Dolia ORDER The petitioner seeks a writ of mandamus directing the respondents to confirm the bid submitted by him during the public auction held on 09.12.2010. 2.According to the petitioner, the first respondent Corporation conducted an auction on 09.12.2010 for the purpose of selling the property mortgaged by an industry. In the said auction, the bid submitted by the petitioner was found to be the highest. When the petitioner approached the first respondent to pay the balance amount, the same was not received principally on the ground that another bidder has quoted more amount than the offer made by the petitioner. Feeling aggrieved, the petitioner is before this Court. 3.The first respondent in his counter affidavit indicated that the Corporation has not confirmed the bid, as according to them the price fixed in the auction was found to be below the market rate. Accordingly, they have decided to bring the property for re-auction. 4.Admittedly no order of confirmation was issued in favour of the petitioner. The attempt of the Corporation was to get the best offers as otherwise it would not enable them to realize the arrears from https://hcservices.ecourts.gov.in/hcservices/ 2 the sick industry. So long as no confirmation order was issued in favour of the petitioner, he cannot direct the first respondent to give the property to him. The first respondent has now stated that their intention is to issue a fresh notification calling for bids. Therefore, I am of the view that no mandamus as prayed for by the petitioner can be issued in this matter. 5.The first respondent is directed to publish the notification regarding fresh auction in leading newspapers and in the event of such publication, it is open to the petitioner to participate in the auction. 6.The writ petition is disposed of with the above observation. Consequently, connected miscellaneous petition is closed. No costs. sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Branch Manager, Tamil Nadu Industrial Investment Corporation Limited, No.39, South Street, IOB Building 2nd Floor, Thanjavur. 2.Regional Manager, Tamil Nadu Industrial Investment Corporation Limited, No.33, KRT Building, Promenade Road, Cantonment, Trichy. 3.The Managing Director, Tamil Nadu Industrial Investment Corporation Limited, No.692, Anna Salai, Nandanam, Chennai – 600 035. + 1 cc to Mr.K.Sekar, Advocate, SR No.10384 + 1 cc to Mr.Aiyar & Dolia, Advocate, SR No.10560 W.P.(MD).No.1177 of 2011 28.02.2011 gcg RJ/11.3.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/