Kalyanasundaram v. R.Shanmugasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No.6923 of 2026

1. Kalyanasundaram S/o. Ramasamy, No.9/331, Thimmapalayam, Marudur, Karamadai, Coimbatore - 641 104.

2. Jayarajan S/o. Ramasamy, No.9/331, Thimmapalayam, Marudur, Karamadai, Coimbatore - 641 104.

3. Rajammal W/o. Ramasamy, No.9/331, Thimmapalayam, Marudur, Karamadai, Coimbatore - 641 104.

Appellant(s) Vs

1. R.Shanmugasundaram S/o. Rangaya Gownder, No.7/18, Thimmampalaiyam, Marudhur Village, Mettupalayam Taluk,

2. The District Collector Coimbatore District, Coimbatore.

3. The Joint Director/Deputy Director/ Assistant Director Door No.50, FCI Road, Gandhima Nagar, Ganapathy, Coimbatore - 641 004.

4. The Commissioner Karamadai Municipality Village, Mettupalayam Taluk, Coimbatore District.

5. The Tahsildar Mettupalayam Taluk Office, Mettupalayam, Coimbatore District.

6. The Sub Registrar The Sub Registrar Office, Mettupalayam,

7. The Village President Karamadai Village Panchayat,

8. Rajkumar S/o. Ramasamy, No.9/331, Thimmapalayam, Marudur, Karamadi, Coimbatore - 641 104.

Respondent(s) PRAYER : Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 2.4.2025 passed by the learned Single Judge in W.P.No.5161 of 2025.

For Appellant(s):

Mr.J.Hariharan For Respondent(s):Mr.E.Vijay Anand for R2 to R7

JUDGMENT

(Delivered by the Hon'ble Chief Justice) This writ appeal has been filed under Clause 15 of the Letters Patent assailing the order dated 2.4.2025 passed by the learned Single Judge in W.P.No.5161 of 2025.

2. While disposing of the writ petition, the learned Single Judge has passed the following order:

"6. Heard both sides and perused the materials available on record.

7. Considering the submissions made by the learned counsel on either side and without going into the merits of the contentions raised by the learned counsel on either side, this Court passes the following directions:

(i) The petitioner is directed to give a representation to the first respondent/District Collector, Coimbatore District, within a period of two (2) weeks from the date of receipt of a copy of this order, by enclosing a copy of this order.

(ii) On receipt of such representation

submitted by the petitioner, the 1st respondent shall conduct a detailed enquiry, after giving due notice to the petitioner as well as the private respondents, opportunity of personal hearing and pass appropriate orders on its own merits and in accordance with law, by taking into consideration the decisions of Hon'ble Supreme Court of India as well as the Division Bench of this Court, within a period of three (3) months thereafter.

(iii) It is made clear that the petitioner shall proceed with the quarrying operation activities in accordance with law.

8. With the above observations and directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed."

3. Learned counsel for the appellants stated that, pursuant to the order passed by the learned Single Judge, a representation was preferred before the District Collector and the same was rejected. Being aggrieved by the order rejecting the representation, the appellants have already preferred an appeal.

In view of the aforesaid, no relief can be granted in the writ appeal at this stage. Accordingly, the writ appeal is dismissed as infructuous. There shall be no order as to costs. Consequently, interim application stands closed.

(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 09.03.2026 Index :

Yes/No :

Yes/No sasi To:

1. The District Collector Coimbatore District, Coimbatore.

2. The Joint Director/Deputy Director/ Assistant Director Door No.50, FCI Road, Gandhima Nagar, Ganapathy, Coimbatore - 641 004.

3. The Commissioner Karamadai Municipality Village, Mettupalayam Taluk, Coimbatore District.

4. The Tahsildar Mettupalayam Taluk Office, Mettupalayam, Coimbatore District.

5. The Sub Registrar The Sub Registrar Office, Mettupalayam,

6. The Village President Karamadai Village Panchayat,

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sasi) and C.M.P.No.6923 of 2026 09.03.2026