Madras High Court
Mahalingam vs The District Collector on 4 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.962 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.(MD)No.962 of 2025
and
C.M.P.(MD)Nos.6105 and 6694 of 2025
Mahalingam ... Appellant
Vs.
1.The District Collector,
Collectorate Office,
Karur District.
2.The Executive Engineer,
Water Resource Department,
Arivyaru Basin Division,
Trichy.
3.The Assistant Engineer,
Water Resource Department,
Arivyaru Basin Division,
Trichy.
4.Karikalan ... Respondents
1/6
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W.A.(MD)No.962 of 2025
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD) No.6149 of
2025 dated 07.03.2025 on the file of this Court.
For Appellant : Mr.T.A.Ebenezer
For Respondents : Mr.A.Kannan,
Addl. Government Pleader for R1 to R3.
Mrs.N.Krishnaveni, Senior Counsel,
For Mrs.R.Vidhya for R4.
JUDGMENT
Heard both sides.
2.The case on hand pertains to auctioning of Karuvelam trees in
Panchampatti Dam. The fourth respondent / Karikalan was the successful
bidder. Challenging the award of contract passed in favour of Karikalan,
the appellant filed W.P.(MD)No.6149 of 2025. The writ petition was
disposed of by the learned Single Judge on 07.03.2025 in the following
terms:-
“5.In the light of the above observations, there shall be a
direction to the second respondent herein to consider the
petitioner's representation dated 25.02.2025, on its own merits and
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pass appropriate orders in accordance with law, after giving due
opportunity to the petitioner and the third respondent herein, as
well as all other persons, who may be interested in the subject
matter, within a period of one month from the date of receipt of a
copy of this order. It is also made clear that this Court has not
expressed any of its views with regard to the merits of the matter
and that it is open to the second respondent to consider the same
on its own merits.”
Aggrieved by the same, the appellant has filed this writ appeal.
3.At the time of admission, the appellant submitted that he is ready
to offer Rs.75,00,000/-.
4.It is true that the offer of the appellant is attractive and it would
also serve the interest of revenue. But then, these are matters of
commerce and there will have to be something called certainty. The
materials on record indicate that the appellant also participated in the
auction proceedings. When the appellant participated in the auction
proceedings, nothing stopped him from making the present offer at the
time of auction itself. Having failed to do so, it is too late in the day for
the appellant to seek to unsettle the outcome. In any event, the appellant
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has an appeal remedy under Section 11 of the Tamil Nadu Transparency
in Tenders Act, 1998.
5.Granting liberty to the appellant to workout his remedy in the
manner known to law, this writ appeal is dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
(G.R.S. J.,) & (K.R.S. J.,)
04.06.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:
1.The District Collector,
Collectorate Office,
Karur District.
2.The Executive Engineer,
Water Resource Department,
Arivyaru Basin Division,
Trichy.
3.The Assistant Engineer,
Water Resource Department,
Arivyaru Basin Division,
Trichy.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:15:42 pm )
G.R.SWAMINATHAN, J.
and
K.RAJASEKAR, J.
ias
04.06.2025
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