Duraisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Duraisamy ... Petitioner -vs1.The District Collector, Office at District Collectorate, Thoothukudi District.

2.The District Revenue Officer, Office at District Collectorate, Thoothukudi District.

3.The Revenue Divisional Officer, The Revenue Divisional Office, Vilathikulam Taluk, Thoothukudi District.

4.Kalaisamy 5.Balasubramanian 6.Balamurugan 7.Badhmavathi 8.Vadivelraj ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to consider the Appeal petition filed by the petitioner in person dated 21.04.2023, on the file of the second respondent to challenge the order passed by the third respondent in proceedings No.Mu.Mu.A2/4384/2023, dated 12.04.2023 and consequently, direct the second respondent to conduct enquiry in proper manner and dispose the same as earlier as possible.

For Petitioner : Mr.A.Marthanda Varman For R1 to R3 : Mr.B.Ramanathan Additional Government Pleader For R4 to R6 : Mr.V.Malaiyendran

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent herein to consider the Appeal petition filed by the petitioner dated 21.04.2023, on the file of the second respondent, to challenge the order passed by the third respondent in proceedings No.Mu.Mu.A2/4384/2023, dated 12.04.2023 and consequently, directing the second respondent to conduct enquiry in proper manner and dispose the same as earlier as possible.

2. Heard the learned counsel appearing for the parties.

3. According to the petitioner, he has filed an Appeal petition dated 21.04.2023 before the second respondent to challenge the order passed by the third respondent in proceedings No.Mu.Mu.A2/4384/2023 dated 12.04.2023. Despite filing of the Appeal petition, the second respondent has not taken any action to consider or dispose of the same, causing undue hardship and prejudice to the petitioner.

4. The petitioner submits that prompt disposal of the Appeal is necessary to protect his rights and avoid any further prejudice arising from the order challenged. Hence, the present Writ Petition.

5. The learned Additional Government Pleader for the respondents 1 to 3 submits that the petitioner's appeal petition will be considered on its merits and in accordance with law.

6. Recording the above submission, and without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the second respondent to consider the petitioner's appeal petition dated 21.04.2023, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. The appeal shall be considered and disposed of after conducting an enquiry. The second respondent is directed to provide reasonable opportunity during such enquiry to the petitioner and also to the other persons, who may be affected by such decision. Needless to state, the petitioner shall make himself available for the purpose of the enquiry. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 03.12.2025 smn2 To:- 1.The District Collector, Office at District Collectorate, Thoothukudi District.

2.The District Revenue Officer, Office at District Collectorate, Thoothukudi District.

3.The Revenue Divisional Officer, The Revenue Divisional Office, Vilathikulam Taluk, Thoothukudi District.

K.SURENDER , J.

smn2 03.12.2025