Velaythaswamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No. 32925 of 2025

1. Velayuthaswamy

2. Pankajam ... Petitioners Vs.

1. The District Collector, Coimbatore District, Coimbatore.

2. The District Revenue Officer, Office of the Collectorate, Coimbatore.

3. The Sub Collector/RDO, Pollachi Taluk, Coimbatore.

4. The Tahsildar, Pollachi Taluk, Coimbatore.

5. The Village Administrative Office (VAO), Sinjuvadi Village, Pollachi Taluk, Coimbatore.

... Respondents Prayer : This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the Respondents not to interfere with the possession of the subject properties and cultivating the said land by the Petitioners until the disposal of the Appeal pending before the 2nd Respondent against the order of the 3rd Respondent dated 02.06.2025 in ep/K/vz;/886/2025/m3. For Petitioners :

Mr. A.Mohamed Ismail For Respondents :

Mr. P.Sathish, Additional Government Pleader

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a Writ of Mandamus to direct the respondents not to interfere with the possession of the subject properties including cultivation by petitioners until the disposal of the Appeal pending before the 2nd respondent against the order of the 3rd respondent dated 02.06.2025 in ep/K/vz;/886/2025/m3.

3. Mr. P.Sathish, learned Additional Government Pleader would submit that the writ petition itself ought not to have been entertained inasmuch as the petitioner has preferred a stay application in the above appeal and it would result in availing parallel remedy, which may not be permissible.

4. At this stage, the learned counsel for the Petitioners would submit that the petitioners have filed a stay application as early as on 09.07.2025 and the same is yet to be heard and he would only request that the stay application and the appeal may be directed to be disposed of within a time frame that may be fixed by this Court.

5. The learned Additional Government Pleader would submit that the second respondent would dispose of the stay application and the appeal within a time frame to be fixed by this Court.

6. In view of thereof, this writ petition stands disposed of with following directions:

i) The second respondent shall consider the stay application and appeal filed by the petitioners in accordance with law, after issuing notice to petitioners and all other interested parties.

ii) The stay application shall be disposed of within a period of ten (10) days from the date of uploading of web copy without waiting for the receipt of certified copy and thereafter, the appeal shall be disposed of within a period of twelve (12) weeks.

iii) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the

concerned respondents to consider the matter on its own merits and in accordance with law.

7. Consequently, the connected Miscellaneous Petition is closed. No costs.

08.08.2025 2/2 Index: Yes/No Speaking /Non-speaking order Maya Note: Issue order copy by 13.08.2025.

To:

1. The District Collector, Coimbatore District, Coimbatore.

2. The District Revenue Officer, Office of the Collectorate, Coimbatore.

3. The Sub Collector/RDO, Pollachi Taluk, Coimbatore.

4. The Tahsildar, Pollachi Taluk, Coimbatore.

5. The Village Administrative Office (VAO), Sinjuvadi Village, Pollachi Taluk, Coimbatore.

MOHAMMED SHAFFIQ, J.

Maya Dated : 08.08.2025 2/2