Dismissed¶63

M.Sekar v. the District Collector

Madras HC11 Dec 2025WMP/51076/2025

Case brief

AI extract

What is this about?

Extension of time to vacate denied; undertaking affidavit filed 03.07.2025; deadline 04.11.2025 expired; stale claim; impugned notice dated 20.03.2025 by 4th respondent; vacate within two weeks; jurisdictional police assistance; Article 226 Constitution of India; W.M.P. in W.P.; Nagamangalam Village, Ariyalur; District Collector / RDO / Tahsildar / Special Officer BDO; miscellaneous petitions dismissed; Madras HC, 11.12.2025.

What did the court decide?

The fresh request for extension made about a month after expiry of the 04.11.2025 undertaking deadline is a stale claim; entertaining it would defeat the spirit of the originally passed order, particularly as the Court had already shown leniency by accepting the petitioners' undertaking affidavit to vacate on or before 04.11.2025. ¶60

M.Sekar Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioners, whose undertaking to vacate the subject premises by 04.11.2025 had expired about a month earlier, should be granted further extension of time till 03.05.2026 (end of the academic year) to vacate the houses.

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Court's answer

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Ratio / Principle

Further extension as sought deserved no merit consideration; the petitioners were directed to vacate the premises within a period of two weeks.

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Key takeaways

Failing vacation within the two-week period, the respondents shall vacate the premises forthwith, if required by seeking the assistance of the jurisdictional police.ratio¶62

Detailed headnote1 paragraphs

Madras High Court (S.M.Subramaniam & C.Kumarappan, JJ.), Common Order dated 11.12.2025 in W.M.P.Nos.51076, 51080 & 51081 of 2025 in W.P.Nos.23003, 23007 & 23010 of 2025 (M.Sekar, Banumathi & Kamalakannan v. District Collector, Revenue Divisional Officer, Tahsildar & Special Officer/BDO, Nagamangalam Village, Ariyalur): Miscellaneous petitions filed under Article 226 of the Constitution of India seeking extension of time till 03.05.2026 (end of the academic year) to vacate houses at Kanjili Kottoy / North Street, Nagamangalam Village, Ariyalur Taluk, were dismissed. Pursuant to directions in the parent writs dated 03.07.2025 and facing the impugned notice dated 20.03.2025 of the 4th respondent, the petitioners had undertaken on 03.07.2025 to vacate on or before 04.11.2025; filing afresh a month after expiry was held to be a stale claim that would defeat the spirit of the original order, leniency having already been extended through the undertaking. The petitioners were directed to vacate within two weeks, failing which the respondents were to vacate the premises forthwith, if required with the assistance of the jurisdictional police.

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W.M.P.Nos.51076, 51080 & 51081 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.12.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.M.P.Nos.51076, 51080 & 51081 of 2025

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in W.P.Nos.23003, 23007 & 23010 of 2025

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W.M.P.No.51076 of 2025

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M.Sekar ... Petitioner

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Vs.

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The District Collector, Ariyalur District, Ariyalur.

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The Revenue Divisional Officer, Ariyalur.

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The Tahsildar, Tahsildar office, Ariyalur Taluk, Ariyalur District.

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The Special Officer, Block Development Officer, Nagamangalam Village, Ariyalur Taluk, Ariyalur District. ... Respondents

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Prayer: Petition filed under Article 226 of the constitution of India to

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extend the time for vacating from the house which is the subject matter

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of property in W.P.No.23003 of 2025 situate at No.52, Kanjili Kottoy, Nagamangalam Village, Ariyalur Taluk, Ariyalur District from 04.11.2025

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.51076, 51080 & 51081 of 2025

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to till 03.05.2026.

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W.M.P.No.51080 of 2025

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Banumathi ... Petitioner

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Vs.

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The District Collector, Ariyalur District, Ariyalur.

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The Revenue Divisional Officer, Ariyalur.

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The Tahsildar, Tahsildar office, Ariyalur Taluk, Ariyalur District.

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The Special Officer, Block Development Officer, Nagamangalam Village, Ariyalur Taluk, Ariyalur District.

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... Respondents

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Prayer: Petition filed under Article 226 of the constitution of India to

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extend the time for vacating from the house which is the subject matter of property in W.P.No.23007 of 2025 situate at No.183, North Street Kanjili Kottoy, Nagamangalam Village, Ariyalur Taluk, Ariyalur District from 04.11.2025 to till 03.05.2026.

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W.M.P.No.51081 of 2025

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Kamalakannan ... Petitioner

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Vs.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.51076, 51080 & 51081 of 2025

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The District Collector, Ariyalur District, Ariyalur.

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The Revenue Divisional Officer, Ariyalur.

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The Tahsildar, Tahsildar office, Ariyalur Taluk, Ariyalur District.

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The Special Officer, Block Development Officer, Nagamangalam Village, Ariyalur Taluk, Ariyalur District.

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... Respondents

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Prayer: Petition filed under Article 226 of the constitution of India to

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extend the time for vacating from the house which is the subject matter

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of property in W.P.No.23010 of 2025 situate at No.1/58, Kanjili Kottoy, Nagamangalam Village, Ariyalur Taluk, Ariyalur District from 04.11.2025 to till 03.05.2026.

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For Petitioner in all the WMPs : Mr.S.Selvaraj For Respondents in all the WMPs. : Mr.T.Arunkumar

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COMMON ORDER

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S.M.SUBRAMANIAM,J.

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The present miscellaneous petitions have been filed seeking

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extension of time to vacate the subject property, pursuant to the directions issued by this Court in W.P.Nos.23003, 23007 & 23010 of 2025

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.51076, 51080 & 51081 of 2025

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dated 03.07.2025.

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The petitioners herein have already requested for extension of time by filing an Undertaking affidavit on 03.07.2025. In the said undertaking affidavit, they have stated as follows:

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It is therefore prayed that this Hon’ble Court may

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be pleased to record this affidavit of Undertaking for vacating my house which is morefully described in the impugned notice dated 20.03.2025 issued by the 4^th respondent on or before 04.11.2025 and pass such other suitable orders and thus render justice.

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As per the undertaking of the petitioners, the last date expired on 04.11.2025. Now, after a lapse of one month, the present miscellaneous petitions have been filed seeking further extension of time.

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Learned counsel for the petitioners would submit that time may be extended till the end of the academic year.

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Such stale claim, if entertained would defeat the spirit of the order originally passed. That apart, this Court has already shown leniency by accepting the affidavit of undertaking filed by the petitioners stating that they will vacate the subject property on rr before 04.11.2025. Since the time has already granted and thereafter, one month had Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.51076, 51080 & 51081 of 2025 lapsed, further extension, as such sought for, in the present petitions, deserves no merit consideration. Thus, the petitioners are directed to vacate the premises within a period of two weeks from today, failing which, the respondents shall vacate the premises forthwith, if required by seeking the assistance of the jurisdictional police.

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