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Madras High CourtWP/48308/2025dismissed

Sivaraj v. The District Collector

2026-01-12Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Sivaraj ..Petitioner(s) Vs

1. The District Collector Dharmapuri District, Dharmapuri.

2. A.Ashok Kumar M.A., B.L., Tahsildar, Palakkad Taluk, Dharmapuri District.

3. The Superintendent Of Prisons, Central Prison, Salem.

4. Latha ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India to call for the records from the office of the 2nd respondent pertaining to the attachment notice passed by the 2nd respondent in Na.Ka. No.4854/ 2023/ A3 dated 21.11.2025 and quash the same For Petitioner(s):

MR.R.GANESAN For Respondent(s):

MR.C.JAYAPRAKASH GOVT ADVOCATE (R1 to R3) __________Page 1 of 4

ORDER

This Court, vide its order dated 10.12.2025, directed the respondents 1 to 3 to defer the sale of the subject property for a period of 30 days to enable the petitioner to settle the dues of the fourth respondent on or before 09.01.2026, and in the said order, it was made clear that if the payment is not made on or before 09.01.2026, the writ petition shall stand automatically dismissed.

2. It is now brought to the notice of this Court by the learned Government Advocate appearing for the respondents 1 to 3 that the unconditional undertaking given by the petitioner as stated supra has not been obeyed/fulfilled. The same is also confirmed by the learned counsel for the petitioner, who would also submit that if some more time is granted, the petitioner will be in a position to pay the unconditional amount as stipulated by this Court in its order dated 10.12.2025.

3. The question of granting further time does not arise, as the undertaking given by the petitioner on 10.12.2025 was an unconditional undertaking. Since the unconditional order has not been complied with as recorded in this court's order dated 10.12.2025, this writ petition stands dismissed. No Costs. W.M.P.No.53955 of 2025 is closed.

12-01-2026 RKM __________Page 2 of 4

To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. Tahsildar, Palakkad Taluk, Dharmapuri District.

3. The Superintendent Of PrisonsCentral Prison, Salem.

__________Page 3 of 4

ABDUL QUDDHOSE, J.

RKM 12-01-2026 __________Page 4 of 4