1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A(MD)No.589 of 2011 and M.P(MD)Nos.1 to 3 of 2011 S.Vellaidurai ... Appellant/ Petitioner Vs. The District Manager, Officer of the District Manager, TamilNadu State Marketing Corporation Ltd., Ambasamudram Road, Muneerpallam, Palayamkottai Taluk, Tirunelveli, Tirunelveli District. ... Respondent/ Respondent Prayer: Appeal filed under Clause 15 of Letters Patent, against the order dated 24.06.2011 passed by MR.JUSTICE K.VENKATARAMAN, in W.P.(MD)No.6616 of 2011 on the file of this Court. Prayer in WP(MD)No.6616 of 2011:- Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the entire records relating to the impugned tender notification dated 15.06.2011 issued by the respondent in Na.Ka.No.Aa1/1500/2011 and published the same in the Tamil Daily Dinakaran dated 18.06.2011 and quash the same in so far as the bar attached with the TASMAC shop No.10648 situate in the Palayamkottai Municipal Building near Palayamkottai Bus Stand Palayamkottai Region, Tirunelveli District is concerned and consequently direct the respondent to extend the period of license for further one year from 01.07.2011 to 30.6.2012 for collecting empty bottles and to sell eatables in the said TASMAC shop No.10648 on payment of 10% increase of tender amount than the present existing tender amount in view of the reasons that the period of license granted to the Petitioner by the respondent in his proceedings in Na.Ka.No.A2/34/2010 dated Nil.06.2010 which comes to an end on 30.06.2011. For Appellant : Mr.A.Saravanan https://hcservices.ecourts.gov.in/hcservices/ 2 * * * * * JUDGMENT (Judgment of the Court was delivered by P.P.S.JANARTHANA RAJA,J.) The learned counsel appearing for the appellant submitted that the authority has already conducted auction pursuant to the tender publication and the petitioner was not given tender forms to participate in the auction. Therefore, the learned counsel appearing for the petitioner fairly stated that he may be permitted to withdraw the Writ Appeal with liberty to question the subsequent auction, since no opportunity was given to him to participate in the same. 2. Under this circumstances, nothing survives in the Writ Appeal and the same is dismissed as withdrawn with liberty to the petitioner to question the said subsequent auction conducted by the authority, if so advised, in accordance with law. Consequently, the connected Miscellaneous Petitions are dismissed. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The District Manager, Officer of the District Manager, TamilNadu State Marketing Corporation Ltd., Ambasamudram Road, Muneerpallam, Palayamkottai Taluk, Tirunelveli, Tirunelveli District. Sj rl/2c – 19.7.2011 W.A(MD)No.589 of 2011 and M.P(MD)Nos.1 to 3 of 2011 04.07.2011 https://hcservices.ecourts.gov.in/hcservices/