R.Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR R.Kumar ..

Petitioner Vs.

1. The District Collector Coimbatore District, Coimbatore.

2. The District Revenue Officer Coimbatore District, Coimbatore - 18.

3. The Tahsildar Sulur Taluk, Coimbatore District Coimbatore - 18.

4. Velusamy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the first respondent herein to dispose of the appeal filed by the petitioner before the second respondent dated 30.05.2025 against the second respondent's proceedings vide Na.Ka.No.2285/2024/A3 dated 02.05.2025 as early as possible.

For the Petitioner :

Mr.B.Nedunchezhiyan For the Respondents :

Ms.M.Jeyanthy Additional Government Pleader for R1 to R3

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought herein is for a writ of mandamus, to direct the second respondent herein to dispose of the appeal filed by the petitioner against the third respondent in Appeal dated 30.05.2025, against the second respondent's proceedings vide Na.Ka.No.2285/2024/A3 dated 02.05.2025 as early as possible.

2. With regard to the alleged encroachment, as complained by the present petitioner against a third party, after conducting an enquiry, the third respondent, that is the Tahsildar at Sulur, has passed an order on 02.05.2025 rejecting the plea raised by the writ petitioner stating that there has been no encroachment.

3. As against the said order dated 02.05.2025, he has preferred an appeal on 30.05.2025 to the District Revenue Officer, that is the second respondent and in this circumstances, it is the grievance of the petitioner that, since the said appeal is pending before the second respondent and has not been disposed of, directions may be given by way of mandamus to dispose of the said appeal after giving an opportunity of being heard to the petitioner within a time frame to be stipulated by this Court.

4. Heard Ms.M.Jeyanthy, learned Additional Government Pleader appearing for the respondents, who would submit that, as per the instructions received from the second respondent, no such copy of the appeal dated 30.05.2025, as alleged to have been submitted by the petitioner, is pending with the second respondent. Therefore, if a copy of this appeal is forwarded to the second respondent by the petitioner again, that would be considered and disposed of on merits by the second respondent, she contended.

5. In that view of the matter, having taken note of the said submissions made by the learned Additional Government Pleader appearing for respondents 1 to 3, this Court is inclined to dispose of this writ petition with the following orders:- (i) That the petitioner shall send or forward one more copy of the appeal dated 30.05.2025 to the second respondent within a period of one week from the date of receipt of a copy of this order by way of registered post with acknowledgment due. The second respondent, on receipt of the same, shall consider and decide the said appeal, on merits and in accordance with law, of course, after giving opportunity of being heard to the petitioner, as well as any interested parties over the land in dispute within a period of two months

thereafter.

6. With these directions, the writ petition is disposed of. However, there shall be no order as to costs. (R.S.K., J.) (S.S., J.) 24.10.2025 Speaking Order/Non-Speaking Order Internet: Yes/No Index: Yes/No (drm)

To:

1. The District Collector Coimbatore District, Coimbatore.

2. The District Revenue Officer Coimbatore District, Coimbatore - 18.

3. The Tahsildar Sulur Taluk, Coimbatore District Coimbatore - 18.

R. SURESH KUMAR, J.

AND S. SOUNTHAR , J.

(drm) 24.10.2025