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W.P.(MD) No.4143 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025 CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.(MD) No.4143 of 2017 and W.M.P.(MD) Nos.3299, 3300 & 3301 of 2017 K.Senthilkumar
... Petitioner -vs- 1.The District Collector Collectorate Sivagangai District 2.The Assistant Director of Panchayats Sivagangai Sivagangai District 3.The District Revenue Officer Sivagangai Sivagangai District 4.The Revenue Divisional Officer Devakottai Sivagangai District 5.Tahsildar ____________ p. 2 W.P.(MD) No.4143 of 2017 Thiruppathur Thiruppathur Taluk Sivagangai District 6.Block Development Officer Thirupathur Union Office Thirupathur, Sivagangai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned auction notice dated 14.02.2017, on the file of the respondent No.5 insofar as Survey No.77 in T.N.61 Vairavanpatti Group, Thiruppathur Taluk, Sivagangai District, to an extent of 3.41.5 Hectare and Survey No.81/1 in T.N. 61, Vairavanpatti Group, Thiruppathur Taluk, Sivagangai District and quash the same as illegal and consequently for a direction directing the respondents to permit the pettiioner to remove the Acacia Trees in Survey No.77 in T.N.61, Vairavanpatti Group, Thiruppathur Taluk, Sivagangai District, to an extent of 3.41.5 Hectare and Survey No.81/1 in T.N.61, Vairavanpatti Group, Thiruppathur Taluk, Sivagangai District, to an extent of 0.82.0. For Petitioner : Mr.S.Stevenson for Mr.T.Lajapathi Roy For Respondents : Mr.S.P.Maharajan Special Government Pleader ____________ p. 3 W.P.(MD) No.4143 of 2017 O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] The auction notice dated 14.02.2017, issued by the fifth respondent, is sought to be assailed in the present writ proceedings. 2. The petitioner claims title over the subject property regarding which an auction notice was issued to remove the karuvelam trees grown in the subject land. The petitioner filed yet another writ petition in W.P.(MD) No. 13160 of 2009 seeking a direction to the authorities concerned to grant patta in respect of the subject property in his favour and the said writ petition was dismissed by the learned Single Judge by an order dated 28.03.2022. It is submitted that on account of the pendency of the writ proceedings, the authorities are unable to complete the auction process. 3.
In view of the fact that the writ petition filed by the petitioner seeking patta was dismissed, there is no impediment for the authorities concerned to issue a fresh auction notice for removal of the karuvelam trees grown in the subject land. If at all any auction notice is issued, the petitioner may also participate in the auction process, if he is otherwise eligible. ____________ p. 4 W.P.(MD) No.4143 of 2017
4. With the above observation, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [G.A.M., J.]
11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No
krk To: 1.The District Collector, Collectorate, Sivagangai District. 2.The Assistant Director of Panchayats, Sivagangai, Sivagangai District. 3.The District Revenue Officer, Sivagangai, Sivagangai District. 4.The Revenue Divisional Officer, Devakottai, Sivagangai District. 5.The Tahsildar, ____________ p. 5 W.P.(MD) No.4143 of 2017 Thiruppathur, Thiruppathur Taluk, Sivagangai District. 6.The Block Development Officer, Thirupathur Union Office, Thirupathur, Sivagangai District. ____________ p. 6 W.P.(MD) No.4143 of 2017 S.M.SUBRAMANIAM, J. and G.ARUL MURUGAN
, J.
krk W.P.(MD) No.4143 of 2017 and W.M.P.(MD) Nos.3299, 3300 & 3301 of 2017 11.08.2025 ____________