Pathumuthu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07/01/2025
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WA(MD). No.2687 of 2024 and CMP(MD) No.18634 of 2024 Pathumuthu ... Appellant Vs
1. The District Collector, Sivagangai District.
2. The Revenue Divisional Officer, Devakkottai, Sivagangai District.
3. The Tahsildar, Tiruppathur Taluk, Sivagangai District.
4. The Executive Officer, Tiruppathur Town Panchayat (Selection Grade), Sivagangai District.
...
Respondents PRAYER :- Writ Appeals filed under Clause 15 of Letters patent against the order dated 15.10.2024 in WP(MD). No.3252/2024. For Appellant : Mr.C.Ezhilarasu For Respondents : Mr.S.Shaji Bino for R1 to R3 1/5
Special Government Pleader Mr.C.Sundaravadivel for R4
JUDGMENT
(Judgment of the Court was delivered by M.S.RAMESH, J.) By consent of both sides, the writ appeal itself is taken up for final disposal at the stage of admission itself.
2. Challenging the order of the Writ Court dated 15.10.2024 in WP(MD) No.3252/2024, the appellant is before this Court with this writ appeal.
3. The only ground raised in this appeal is that the appellant has raised his objection with regard to the declaration of successful bidder in the tender within 24 hrs. from the date of auction, ie., on 24.08.2023, which fact has been recorded in the earlier order of this Court passed in WP(MD) No.3252/2024 dated 15.10.2024. The order impugned before the writ Court reads that on the date when the auction was conducted, the appellant had failed to participate and therefore, the tender was declared 2/5
in favour of one S.Kannan on 24.08.2023. A copy of the allotment order dated 24.10.2024 has also been produced before us.
4. When the appellant/petitioner herein had earlier approached this Court seeking for conducting re-auction for the Shop No.9, this Court, through its order passed in WP(MD) No.21064/2023 dated 22.09.2023, had directed the District Collector to conduct an enquiry to find out whether the auction was conducted in accordance with law and whether the appellant/petitioner was terminated from participating in the auction. Pursuant to the order passed in the aforesaid writ petition, an enquiry appears to have been conducted by the District Collector and have come to the conclusion that the auction was indeed properly conducted and the appellant had not chosen to participate in the auction.
While that being so, we are unable to appreciate the ground taken in the present appeal that he has raised her objection on the next day of the auction for the purpose of cancellation of the earlier tender and for conduct of reauction. The learned Single Judge had also properly appreciated all these aspects and had rejected the petitioner's claim. We do not find any reason to interfere with the same.
dismissed. No costs. Consequently connected Miscellaneous Petition is closed.
[M.S.R.,J] [A.D.M.C.,J] 07.01.2025 NCC : Yes/No Index : Yes/No RR To
1. The District Collector, Sivagangai District.
2. The Revenue Divisional Officer, Devakkottai, Sivagangai District.
3. The Tahsildar, Tiruppathur Taluk, Sivagangai District.
4. The Executive Officer, Tiruppathur Town Panchayat (Selection Grade), Sivagangai District.
4/5
M.S.RAMESH,J AND A.D.MARIA CLETE, J.
RR JUDGMENT IN WA(MD) No.2687 of 2024 Date : 07/01/2025 5/5