N.Rajamanikkam v. The District Collector
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA AND WMP NO. 28143 OF 2026 N.Rajamanikkam S/o.Nadesan, no.608, kamarajar nagar, panaimadal post, pethanaickenpalayam taluk, salem district.
..Petitioner(s) Vs
1. The District Collector office of the collectorate, salem district.
2. The Revenue Divisional Officer Officer of the RDO, Attur taluk, salem district.
3. The Tahsildar office of tahsildar, pethanaickenpalayam taluk, salem District.
..Respondent(s) Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of madamus, drecting the 1st respondent to consider and dispose of the petitioners statutory appeal dated 25.06.2026, preferred under section 10b of the tamilnadu land encroachment act, 1905 together with the stay petition, after affording an opportunity of personal hearing to the petitioner, within a time frame to be fixed by this honble court.
For Petitioner(s):
A.Rajakumar M.Sudhan V.Ranjitha For Respondent(s):
Mr.K.Surendar, GA Order (Order of the Court was made by Dr.G.Jayachandran J.) (1) Mr.K.Surendar, learned Government Advocate accepts notice on behalf of the respondents 1 to 3. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself. (2) The writ petition is filed on 30.06.2026 with a prayer to direct the 1st respondent, the District Collector, to consider and dispose of the statutory appeal dated 25.06.2026, preferred under Section 10[b] of the Tamil Nadu Land Encroachment Act, 1905, together with the stay petition. (3) From the typed set of papers, we find that the appeal dated 25.06.2026, sent by RPAD through the Department of Post, Government of India, Ministry of Communication, on 25.06.2026, had been delivered to the office of the 1st respondent on 29.06.2026.
The writ affidavit is prepared, sworned and signed by the writ petitioner on 26.06.2026, at Chennai, even before the appeal reached the office of the 1st respondent. The writ petition is filed in the Registry on 30.06.2026, i.e., the next day, after the appeal reached the 1st respondent's office.
(4)
(5) In the said circumstances, we are not inclined to entertain the writ petition which has been filed prematurely, seeking for a direction to dispose of the appeal even without giving some reasonable time for the 1st respondent to appreciate the grounds of appeal.
(6) Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(G.J.,J.) (N.M.,J.) 03-07-2026 Index: Yes/No Speaking/Non-speaking order AP To
1. The District Collector office of the collectorate, salem district.
2. The Revenue Divisional Officer Officer of the RDO, Attur taluk, salem district.
3. The Tahsildar office of tahsildar, pethanaickenpalayam taluk, salem District.
DR.G.JAYACHANDRAN J.
AND N.MALA J.
AP AND WMP NO. 28143 OF 2026 03-07-2026