SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 40498

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
M.GANESH KUMAR – Appellant
Versus
the Secretary to Governemnt – Respondent
W.M.P.No.6037 of 2026



Advocates:
For the Appellants/Petitioners: M/s.C.S.Srinivasan
For the Respondents:Mr.S.Balamurugan, Government Advocate for RR-1 to 4, Mr.B.A.Sujay Prasanna for R-5, Mr.N.R.Elango, Senior Counsel for M/s.L.P.Maurya for R-6

High Court lacks writ jurisdiction in factual disputes on auction validity preferring civil court adjudication.

Headnote:Under Article 226, the High Court examines if a sale certificate issued after public auction can be quashed when the second highest bidder claims non-compliance with procedure by revenue authorities and seeks re-auction. Facts indicate that the fifth respondent was declared highest bidder but the sixth respondent who had not participated was issued the certificate without affording opportunity to the petitioner. Findings established writ jurisdiction cannot resolve disputed factual issues relating to auction conduct. Issues framed whether the sale certificate is arbitrary and whether this Court should exercise writ powers. Ratio Decidendi concludes that auction conduct and certificate validity arise from factual disputes best adjudicated by civil court and that no interference via writ is warranted under the circumstances.

Result: Writ Petition dismissed with liberty to approach competent civil court as disposed of.

Table of Content
1. challenge to sale certificate validity and auction process. (Para 1 , 2)
2. writ petition dismissed citing disputed facts and civil court remedy. (Para 3)

ORDER

The present Writ Petition has been filed challenging the sale certificate dated 14.01.2026 issued in favour of the 6th respondent with respect to the property comprised in Survey No.3122/1 & 2 (as perG.O.Ms.637), Survey No.3122/23 (as per Onlince Patta) at No.12, Barnaby Road, Kilpauk, Chennai-600 010 pursuant to the Public Auction conducted by the 4th respondent despite the fact that the 5th respondent was declared as the highest bidder with the bid amount of Rs.9,30,04,722/- and the petitioner as the second highest bidder with the bid amount of Rs.9,25,00,000/-.

2. Learned Counsel appearing for the petitioner submitted that the petitioner, being the second highest bidder, was assured by the 4th respondent that he would be called upon to remit 25% of the bid amount, if the 5th respondent had failed to do so. However, without giving any opportunity to the petitioner, the sale certificate has been issued in favour of the 6th respondent who had not even participated in the auction and therefore, the said act of the 4th respondent is wholly arbitrary and illegal the same warrants interference.

Accordingly, he prayed for allowing the Writ Petition.

3. The issue involved in the present Writ Petition pertains to the conduct of the auction and the issuance of sale certificate which being a disputed question of fact, this Court, sitting under Article 226 of the Indian Constitution, cannot decide the same. Hence, the prayer sought for in this petition cannot be granted. The proper course open for the petitioner would be to approach the competent Civil Court. Hence, this Court, without interfering with the impugned sale certificate, is inclined to grant liberty to the petitioner to approach the competent Civil Court.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top