Dismissed¶40

E.Sivanraj v. the District Collector

Madras HC12 Sept 2025WP(MD)/12178/2020

Case brief

AI extract

What is this about?

Preferential government employment for Scheduled Caste/Scheduled Tribe affected land owners; G.O.Ms.No.188 (28.12.1976) inapplicable where land was sold, not acquired; acquisition distinguished from sale; sale deed Document No.164/2010 defeats acquisition claim; rejection memo dated 17.07.2020 upheld; Article 226 Certiorarified Mandamus refused; Village Assistant/Office Assistant appointment; Virudhunagar District; Thottiyankulam Village, Kariyapatti Taluk; writ petition dismissed, no costs.

What did the court decide?

Acquisition is different from sale. ¶36

E.Sivanraj 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 petitioner, who sold his land to the respondents rather than having it acquired, is entitled to preferential appointment as Village Assistant or Office Assistant under G.O.Ms.No.188 dated 28.12.1976 on the ground of being an affected Scheduled Caste/Scheduled Tribe land owner. +1 more

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Court's answer

Acquisition is different from sale.

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Ratio / Principle

Having sold the property to the respondents (sale deed dated 21.01.2020, Document No.164/2010), the petitioner cannot claim that the property was acquired; that claim does not arise.

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Key takeaways

G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel – P) Department dated 28.12.1976 has no applicability to the petitioner's case, and the respondents therefore rightly rejected his request under the impugned order.ratio¶36
The Court finds no infirmity in the order passed by the third respondent under the impugned order.ratio¶36

Detailed headnote1 paragraphs

Writ Petition (W.P.(MD)No.12178 of 2020) before the Madurai Bench of the Madras High Court (Abdul Quddhose, J.; decided 12.09.2025) dismissed. The petitioner sought a Writ of Certiorarified Mandamus under Article 226 to quash a memo dated 17.07.2020 of the third respondent rejecting his request for preferential appointment as Village Assistant or Office Assistant under G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel – P) Department dated 28.12.1976, claiming status as an affected Scheduled Caste/Scheduled Tribe land owner whose land (Survey No.42/5C, 0.27.5 hectares/68 cents, Thottiyankulam Village, Kariyapatti Taluk, Virudhunagar District) was allegedly acquired for public purpose. The Court held that acquisition is different from sale: the petitioner had sold the very property to the respondents by sale deed dated 21.01.2020 registered as Document No.164/2010, so his acquisition-based claim did not arise; G.O.Ms.No.188 had no applicability to his case; and no infirmity was found in the third respondent's order. Writ Petition dismissed with no order as to costs; connected miscellaneous petition (W.M.P.(MD)No.10467 of 2020) closed.

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W.P.(MD)No.12178 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.09.2025

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CORAM

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THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.(MD)No.12178 of 2020

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and

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W.M.P.(MD)No.10467 of 2020

E.Sivanraj

: Petitioner

Vs.

1.The District Collector,

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Virudhunagar District,

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Virudhunagar.

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2.The District Employment Officer,

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Virudhunagar District,

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Virudhunagar.

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3.The District Adi-Dravidar Welfare Officer,

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Adi-Dravidar and Tribal Welfare Department,

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Collectorate Campus,

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Virudhunagar,

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Virudhunagar District.

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

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W.P.(MD)No.12178 of 2020

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4.The Special Tahsildar,

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Adi-Dravidar Welfare Department, Aruppukottai, Virudhunagar District. : Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent vide memo bearing e.f.vz;.l;o1/8314/2016 dated 17.07.2020 and quash the same as illegal and consequently direct the respondents to appoint the petitioner as Village Assistant or Office Assistant in anyone of the existing vacancies in Virudhunagar District on preferential basis on the ground of affected land owners belonging to Scheduled Caste and Scheduled Tribes acquired for public purposes by the Government of the petitioner's land bearing Survey No.42/5C to an extent of 0.27.5 hectares (68 cents) situated at Thottiyankulam Village of Kariyapatti Taluk, Virudhunagar District.

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For Petitioner : Mr.R.Murugan For Respondents : Mr.C.Satheesh,

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Government Advocate

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

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W.P.(MD)No.12178 of 2020

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O R D E R

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This Writ Petition has been filed challenging the impugned order dated 17.07.2020 passed by the third respondent, rejecting the petitioner's request for employment based on G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel – P) Department dated 28.12.1976, on the ground that the property was not acquired but the property was purchased by the respondents from the petitioner.

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2. Acquisition is different from sale. The sale deed dated 21.01.2020 registered as Document No.164/2010, by which the petitioner had sold the property to the respondents has also been placed on record. Having sold the property, the question of claiming that the property was acquired by the respondents does not arise. Therefore, the respondents have rightly rejected the petitioner's request under the impugned order, since G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel – P) Department dated 28.12.1976, does not have any applicability to the petitioner's case. This Court does not find any infirmity in the order passed by the third respondent under the impugned order.

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

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W.P.(MD)No.12178 of 2020

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3. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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12.09.2025

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Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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W.P.(MD)No.12178 of 2020

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