Vellaisamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2025
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.34934 of 2025 and W.M.P(MD)Nos.27621, 27622 and 27624 of 2025 Vellaichamy
...Petitioner
Vs
1. The District Collector, O/o.The District Collector, Sivagangai District.
2. The District Revenue Officer, O/o.The District Collector, Sivagangai District.
3. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District.
4. The Tahsildar, O/o.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned Tender Notice passed by the 4th Respondent in Na.Ka.En.A1/2705/2025 dated 28.11.2025 and quash the same by considering the petitioner's representation dated 29.11.2025.
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For Petitioner : M/s.N.Jeyaram Sidharth For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader
ORDER
The present writ petition has been filed seeking to quash the tender notification issued by the 4th respondent on 28.11.2025 for auctioning of Karuvela trees in S.Nos.449/7, 449/8, 450/14 and 451/39 in Oothikulam Village, Kalaiyarkovil Taluk, Sivagangai District.
2. According to the learned counsel appearing for the writ petitioner, these survey numbers are his private property and therefore, he has sought to quash the tender notification. According to him, these survey numbers are ancestral properties and the revenue records stand in his name.
3. Per contra, the learned Special Government Pleader appearing for the respondents submits that a public interest litigation was filed in W.P.(MD)No. 25367 of 2023 for removal of encroachment in these survey numbers and order came to be passed on 12.03.2025. Pursuant to the said order, the Revenue Divisional Officer, Sivagangai, has issued proceedings on 02.09.2025 seeking to remove the encroachment. The petitioner's father is also one of the parties in 2/5
which order has been passed by the Revenue Divisional Officer, Sivagangai. She further submits that the petitioner has preferred an appeal before the District Revenue Officer and the appeal is pending. She further submits that pursuant to the auction notification, the petitioner himself has participated in the auction on 02.12.2025 and he has been declared as the highest bidder.
4. I have carefully considered the submissions made on either side and perused the materials available on record.
5. As far as the prayer of the petitioner for quashing the auction notification is concerned, it is solely based upon the ground that he is the owner of the property. However, the official respondents dispute the ownership of the writ petitioner and further contend that in the revenue records it has been clearly mentioned as a Government poromboke. That apart, the petitioner is not successful before the revenue officials. So far the petitioner has not initiated any proceedings before the civil Court to establish his title. Moreover, he himself has participated in the auction and he has been declared as the highest bidder. Now he cannot turn around and contend that he is owner of the property and the karuvela tress standing in the said property cannot be auctioned. 3/5
6. Preserving the rights of the writ petitioner to establish his title before the civil Court, this writ petition stands disposed of. No costs. Consequently, connected writ miscellaneous petitions are also closed. 12.12.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To
1. The District Collector, O/o.The District Collector, Sivagangai District.
2. The District Revenue Officer, O/o.The District Collector, Sivagangai District.
3. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District.
4. The Tahsildar, O/o.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.
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R.VIJAYAKUMAR , J.
RJR W.P.(MD)No.34934 of 2025 12.12.2025 5/5