Dismissed¶44

A.Jothimani v. The District Collector

Madras HC26 Aug 2025WP(MD)/23142/2025

Case brief

AI extract

What is this about?

Mandamus refused; cooperative credit society office shift; Rule 110 Assembly announcement; G.O.Ms.No.110 dated 13.03.2024; Tender Notification No.1/2025 dated 05.08.2025, bid deadline 18.08.2025; representation dated 14.08.2025 not considered; Tamil Nadu Transparency in Tender Rules, 2000; Article 226 writ dismissed, no costs; connected miscellaneous petition closed; Madurai Bench, C.SARAVANAN J., 26.08.2025.

What did the court decide?

Since the Tender Notification had already been issued on 05.08.2025 pursuant to the Hon'ble Chief Minister's announcement under Rule 110 in G.O.Ms.No.110, no direction can be given to respondents 1 and 2 to consider the petitioner's representation dated 14.08.2025 at this stage. ¶38

A.Jothimani 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 a writ of mandamus should issue restraining respondents 1 and 2 from shifting NN 568 Kumarapatti Primary Agricultural Cooperative Credit Society from Thamarakki Village to Kumarapatti Village and directing them to consider the petitioner's representation dated 14.08.2025.

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Court's answer

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Ratio / Principle

At best, the petitioner could have challenged the Tender Notification as violative of the Tamil Nadu Transparency in Tender Rules, 2000 and as unnecessary, but did not do so; therefore the writ petition is liable to be dismissed.

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Key takeaways

While dismissing the petition, the court observed that there shall be no impediment to completing the construction which has already commenced earlier.obiter¶43

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), C.SARAVANAN, J., dismissed a writ petition under Article 226 of the Constitution of India in which the petitioner, a member of NN 568 Kumarapatti Primary Agricultural Cooperative Credit Society, sought a writ of mandamus to restrain respondents 1 and 2 from shifting the third respondent society from its existing location in Thamarakki Village to Kumarapatti Village and to direct consideration of her representation dated 14.08.2025, citing the 64% membership strength of the society from Thamarakki Village. The Court noted that the new branch office construction was pursuant to the Hon'ble Chief Minister's announcement on the floor of the Assembly under Rule 110 in G.O.Ms.No.110, Revenue and Disaster Management, Revenue Administration Wing RA-3(2) Section dated 13.03.2024, and that Tender Notification No.1/2025 had been issued on 05.08.2025 fixing the last date for bids as 18.08.2025. Holding that, with the tender already issued, no direction to consider the representation could be given at this stage, and observing that the petitioner's remedy lay in challenging the tender notification under the Tamil Nadu Transparency in Tender Rules, 2000 — which she had not done — the Court dismissed the petition with no costs and closed the connected W.M.P.(MD) No.18188 of 2025, clarifying that there shall be no impediment to completing the construction already commenced.

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W.P.(MD) No. 23142 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 26.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.(MD) No. 23142 of 2025 and W.M.P.(MD) No.18188 of 2025

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A.Jothimani ... Petitioner

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The District Collector, Sivagangai, Sivagangai District.

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The Deputy Registrar, O/o the Deputy Registrar of Cooperative Societies, Opposite to Government Arts College of Woman, Sivagangai, Sivagangai District.

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The Secretary,

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NN 568 Kumarapatti Primary Agricultural Cooperative Credit Society,

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Thamarakki, Sivagangai Taluk, Sivagangai District.

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The Tender Committee, NN 568 Kumarapatti Primary Agricultural

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1/7

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

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W.P.(MD) No. 23142 of 2025

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Cooperative Credit Society,

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Thamarakki, Sivagangai Taluk, Sivagangai District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to restrain the respondents from shifting the third respondent, NN 568 Kumarapatti Primary Agricultural Cooperative Credit Society at Thamarakki Village from its existing location in Thamarakki Village to Kumarapatti Village, based on a consideration of the 64% of membership strength of the third respondent Credit Society from Thamarakki Village by considering the petitioner’s representation dated 14.08.2025 within the period that may be stipulated within the period that may be stipulated by this Court.

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For petitioner : Mr. V.Karthikraja for M/s.Ajmal Associates For respondents : Mr.K.R.Badurus Zaman Government Advocate for R1 & R2 *****

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ORDER

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This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2 and after dispensing with the notice on the respondents 3 and 4 as no adverse orders are proposed to be passed against them.

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2/7

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

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W.P.(MD) No. 23142 of 2025

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The petitioner is a member of the third respondent, namely, NN 568

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Kumarapatti Primary Agricultural Cooperative Credit Society. The petitioner is aggrieved by the steps taken by the respondents 1 and 2 for putting up a branch office, which appears to be based on the administrative reasons.

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The learned Government Advocate for the respondents 1 and 2 submits that new construction has been proposed to be made pursuant to announcement made by the Hon’ble Chief Minister on the floor of the Assembly under Rule 110 in G.O.Ms.No.110, Revenue and Disaster Management, Revenue Administration Wing RA-3(2) Section, Dated 13.03.2024.

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It is submitted that pursuant to the aforesaid announcement, the Tender Notification No.1/2025 was also issued on 05.08.2025 fixing the last date of submitting the bid as 18.08.2025.

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It is further submitted that the construction of the new branch office will not be in any way obstruct the construction of the office that is being built by the

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3/7

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

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W.P.(MD) No. 23142 of 2025

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third respondent. To this effect, he has filed a copy of the communication of the

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Secretary of the third respondent/Society, which reads as under:

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“N.N 568 Fkhugl;b njhlf;fNtshd; $l;LwT fld; rq;fj;jpw;F Gjpa mYtyf fl;blk; jkuhf;fp fpuhkj;jpy; fl;Lkhd gdp eilg;ngw;W tUfpwJ. NkYk; Fkhugl;b fpuhkj;ij Nru;e;j nghJkf;fs; jq;fs; fpuhkj;jpw;F Gjpa fpis Ntz;Lk; vd muRf;F kD mspj;jjd; ngaupy; tpjp vz;: 110 f;F fPo; rl;lrigapd; khz;G kpF Kjyikr;ru; mtu;fshy; mwptpf;fg;l;L Gjpa mYtyfk; fl;l xg;ge;jGs;sp Nfhug;gl;L xg;ge;jk; ,Wjp nra;ag;gl;Ls;sJ vd;gij gzpTld; njuptpj;Jnfhz;fpNwd;”

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Considering the fact that the Tender Notification has also been issued, pursuant to the announcement made by the Hon’ble Chief Minister, on 05.08.2025, there can be no direction to the respondents 1 and 2 to consider the petitioner’s representation dated 14.08.2025 at this stage.

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At best, the petitioner could have come forward to challenge the Tender Notification stating that the tender notification was in violation of the Tamil Nadu Transparency in Tender Rules, 2000 and that it was unnecessary. However, this is not the case here. Therefore, this Writ Petition is liable to be dismissed. However,

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

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W.P.(MD) No. 23142 of 2025

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there shall not be any impediment to complete the construction which is already commenced earlier.

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Accordingly this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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Index : Yes / No 26.08.2025 Internet : Yes / No apd To 1. The District Collector, Sivagangai, Sivagangai District.

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The Deputy Registrar, O/o the Deputy Registrar of Cooperative Societies, Opposite to Government Arts College of Woman, Sivagangai, Sivagangai District.

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5/7

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

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W.P.(MD) No. 23142 of 2025

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C.SARAVANAN, J.

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apd

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W.P.(MD) No. 23142 of 2025