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Madras High CourtWP(MD)/25563/2025dismissed

K.Ramanathan v. The District Collector

2025-09-23Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD) Nos.20010 & 20011 of 2025 K.Ramanathan ... Petitioner /Vs./ 1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director (Panchayats), Sivagangai District, Sivagangai.

3.The Commissioner, Devakottai Panchayat Union, Devakottai, Sivagangai District.

4.The Special Officer/Block Development Officer, Village Panchayat, Devakottai, Sivagangai District.

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5.The Zonal Deputy Block Development Officer - 4 Devakottai, Sivagangai District.

6.K.Thiruvazhagu ... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the third respondent in Na.Ka.A2/1491/2024 dated 11.09.2025 and quash the same as illegal and consequently, direct the respondents to conduct a proper public auction for cutting Juliflora trees standing in Survey No.227, to an extent of 2 Acres 97 Cents situated at Pookulam Village, Veerai Panchayat, Nedunkulam Group, Devekottai Taluk, Sivagangai District after due evaluation in the presence of local villagers. For Petitioner : Mr.K.Sivabalan for M/s.Aran Legal Consultancy For Respondents : Mr.P.Thilakkumar Government Pleader for R1 to R5 Mr.B.Chakkaravarthi for R6 2/7

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Read this order in continuation and in conjunction with order dated 17.09.2025.

"Challenge in this writ petition is to an order passed by the Commissioner Municipality, Devakottai Panchayat Union, Sivagangai, issuing work order to R6 for cutting Juliflora trees in S.No.227, admeasuring 2 acres 97 cents situated at Pookulam Village, Veerai Panchayat Nedunkulam Group, Devakottai Taluk, Sivagangai District ('property' / 'property in question').

2. Mr.S.P.Maharajan, learned Special Government Pleader accepts notice for R1, R2, R4 and R5 and Mr.K.P.S.Palanivelrajan, learned Senior counsel for Mr.B.Chakkaravarthi, accepts notice for R6.

3. Mr.Maharajan, on oral instructions would submit that an auction had been conducted after proper advertisement and other procedures having been followed and work order had been issued on 03.09.2025 in favour of R6. The petitioner had not participated in the said auction. However, he had raised an objection to issuance 3/7

of work order to R6, on the basis of which the work order dated 03.09.2025 was temporarily kept in abeyance and an enquiry caused. Based on the result of the enquiry, a revised work order dated 11.09.2025 has been issued to R6 finding the complaint to be baseless. It is that work order dated 11.09.2025 reiterating the work order dated 03.09.2025, that is the subject matter of the present writ petition.

4. The learned counsel appearing for R6 states that as on date, 90% of the scope of the work order has also been completed.

5. In such circumstances, we would call upon both learned counsel appearing for the respondents to reduce their submissions to writing including their counters / para-wise remarks to the averments in the writ petition and produce the same before this Court, prior to the next date of hearing.

6. List on 23.09.2025."

2. Today, the third respondent i.e., the Commissioner, Devakottai Panchayat Union has filed a Status Report reiterating the averments, which have been captured in our order dated 17.09.2025. 4/7

3. They have also specifically stated that upon an allegation by the petitioner that the valuation of the Project was low, they have suspended the work and sought a fresh valuation with the help of the Forest and Revenue Departments.

4. Their Report is to the effect that the valuation had been done in a proper manner. Moreover, the petitioner has not even participated in the auction.

5. For the aforesaid reasons, this Writ Petition is found to be devoid of merits. Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. [A.S.M.J.,] & [C.K.J.,] 23.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes mbi 5/7

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director (Panchayats), Sivagangai District, Sivagangai.

3.The Commissioner, Devakottai Panchayat Union, Devakottai, Sivagangai District.

4.The Special Officer/Block Development Officer, Village Panchayat, Devakottai, Sivagangai District.

5.The Zonal Deputy Block Development Officer - 4 Devakottai, Sivagangai District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

mbi Order made in Dated:

23.09.2025 7/7