RAJENDRAN, vs THE DISTRICT COLLECTOR,

Court
Madras High Court

WA(MD) No. 1720 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR. JUSTICE K.K. RAMAKRISHNAN
WA(MD) No. 1720 of 2026
CNR:{HCMD011480422026}
and
C.M.P(MD)No.14680 of 2026
Rajendran
..Petitioner(s)
Vs
1. The District Collector,
Office of The Collectorate,
Sivagangai.Sivagangai
2. The Assistant Director of Panchayat,
Office of the Assistant Director of Panchayat,
Collectorate Complex,
Sivagangai District.
3. The Revenue Divisional Office,
Office of the Revenue Divisional Officer,
Sivagangai.
4. The Thasildar,
Taluk Office,
Ilayangudi,
Sivagangai District.
5. The Commissioner,
Ilayangudi Panchayat Union,
Ilayangudi,
sivagangai District.
..Respondent(s)
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WA(MD) No. 1720 of 2026
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying
to prefer this Memorandum of Grounds of Writ Appeal against the order
passed by this Court in W.P.(MD). No. 28719 of 2026, dated 05.10.2026.
For Petitioner(s) :Mr.C.Mayil Vahana Rajendran
For Respondent(s) :Mr.K.K.Udhayakumar
Government Advocate
JUDGMENT
(Judgment of the Court was delivered by P.Velmurugan J.)
Challenging the order passed by the learned Single Judge
dismissing the writ petition, the appellant/petitioner has filed the present
writ appeal.
2. Mr. K.K. Udhayakumar, learned Government Advocate, takes
notice for the respondents.
3. With the consent of both parties, the writ appeal is taken up for
final disposal at the admission stage itself.
4. The appellant filed the writ petition challenging the proceedings
of the fifth respondent in Na.Ka. A3/1871/2026, dated 22.09.2026. The
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WA(MD) No. 1720 of 2026
learned Single Judge dismissed the writ petition on the ground that the
extension of time sought by the appellant, citing the COVID-19 pandemic
and his earlier representations, did not confer upon him any preferential
right to seek consideration of his request by the respondents.
5. Aggrieved by the said order, the appellant has preferred the
present writ appeal.
6. The appellant submits that he was declared the successful bidder
in the tender conducted in 2017 for the removal of Kattukaruvel trees in
Pappankulam Kanmai, comprised in Survey No. 111, Pudukkottai
Revenue Village, Ilayangudi Taluk, Sivagangai District. Pursuant to the
cutting order dated 06.03.2017, he remitted the bid amount into the
Government Treasury. However, he could not complete the work within
the stipulated period and, therefore, sought an extension of time.
7. The appellant further submits that he approached this Court by
filing W.P. (MD) No. 2943 of 2019, and this Court, by order dated
11.02.2019, issued directions regarding his request. However, according
to the appellant, the authorities failed to pass a final order on his
representation. He also submits that similarly situated persons were
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WA(MD) No. 1720 of 2026
granted extensions of time, including pursuant to the order dated
18.10.2023 passed in W.P. (MD) No. 24412 of 2022.
8. The appellant further contends that, while his request for an
extension of time remained pending, the fifth respondent issued a fresh
tender notification dated 22.09.2026, published on 23.09.2026, including
Pappankulam Kanmai under Serial No. 16. According to the appellant,
the authorities failed to consider the earlier cutting order, the bid amount
already remitted by him and his repeated representations dated
28.08.2026, 22.09.2026 and 29.09.2026.
9. The appellant, therefore, contends that the learned Single Judge
erred in dismissing the writ petition without properly considering the
facts and circumstances of the case. The learned counsel for the appellant
has further submitted that the appellant could not complete the work
because the lake was filled with water during the relevant period. Hence,
the appellant prays that the order of the learned Single Judge dated
05.10.2026 be set aside and the writ appeal be allowed.
10. We have considered the submissions made by the learned
counsel appearing for the appellant and perused the materials available on
record.
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WA(MD) No. 1720 of 2026
11. It is seen from the records that the appellant participated in the
tender with full knowledge of the existing conditions of the lake. Even at
the time of issuance of the cutting order dated 06.03.2017, water was
present in the lake. Having participated in the tender and obtained the
cutting order, the appellant ought to have brought the said circumstance
to the notice of the authorities and sought an appropriate extension of
time, if necessary, at the relevant point of time.
12. In such circumstances, the appellant cannot now rely upon the
presence of water in the lake as a ground to justify his failure to complete
the work within the stipulated period. Therefore, we are unable to accept
the contention raised by the appellant in this regard.
13. In view of the foregoing reasons, we find no error or infirmity
in the order passed by the learned Single Judge warranting interference
by this Court in the present writ appeal. Accordingly, the writ appeal is
dismissed.
14. However, if the respondents proceed with the fresh tender
notification, the appellant is at liberty to participate in the tender, subject
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WA(MD) No. 1720 of 2026
to the applicable terms and conditions. No costs. Consequently,
connected miscellaneous petition is closed.
(P.V.,J.) (K.K.R.K.,J.)
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AM
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WA(MD) No. 1720 of 2026
To
1. The District Collector
Office of The Collectorate
Sivagangai.Sivagangai
2. The Assistant Director of Panchayat
Office of the Assistant Director of Panchayat
Collectorate Complex
Sivagangai District
3. The Revenue Divisional Office
Office of the Revenue Divisional Officer
Sivagangai
4. The Thasildar
Taluk Office
Ilayangudi
Sivagangai District
5. The Commissioner
Ilayangudi Panchayat Union
Ilayangudi
sivagangai District
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WA(MD) No. 1720 of 2026
P.VELMURUGAN, J.
AND
K.K.RAMAKRISHNAN, J.
AM
WA(MD) No. 1720 of 2026
28-10-2026
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