P.Nagavelu v. The District Collector

ORDER The present Writ Petition has been filed seeking a direction to the 1st Respondent herein to dispose the petitioner's representation dated 16.03.2024 as expeditiously as possible or within time frame stipulated by this Court.

¶2Though notice was served on the Respondents nos. 6 to 9 and their names printed in the cause list, none appeared on behalf of them. Considering the pendency of the Writ Petition which is of the year 2024, this Court is inclined to dispose of the same based on the materials available on record.

¶3It is the case of the petitioners that the subject property, after a oral partition, devolved on the petitioner and his brother namely Rajamanickam the 6th respondent herein. Whilso, the 6th respondent had clandestinely changed the patta in his name with respect to the said property and settled the property in favour of his sons who are the respondent nos. 7 to 9 herein and following the same, had sold the property to the 5th respondent by way of a Registered Sale Deed. Aggrieved by which, the 2nd petitioner being one of the legal heirs of the predecessor in title filed a civil suit before the Principal District Judge, Kanchipuram in O.S.No.82 of 2018 which is pending. Further, the 2nd petitioner had initiated proceedings for cancellation of the patta which was illegally Page3 of 4 obtained by the 6th respondent.

¶4Pending the suit and the patta cancellation proceedings, the 5th respondent, suppressing the above proceedings, had illegally obtained mining license and has been extracting and transporting the gravel and blue stones from the above property. Aggrieved by the illegal mining, the 1st petitioner filed an appeal before the 1st respondent on 16.03.2024, however, the said appeal is yet to be considered and disposed of. Hence, the present Writ Petition.

¶5Learned counsel appearing for the petitioner submitted that, it would suffice, if this Court issues a direction to the 1st respondent to consider and dispose of the appeal filed by the petitioner and pass appropriate orders on the same within the time that may be stipulated by this Court.

¶6On the above contention, this Court heard the learned Standing Counsel appearing for the respondents.

¶7In view of the limited relief sought for in this Writ Petition, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's appeal dated 16.03.2024 and pass appropriate orders on the same in accordance with law within a period of twelve

(12) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any other interested parties including the rival claimants, if any. Page4 of 4

M.DHANDAPANI, J. NHS

¶8This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 01-04-2026 Index: Yes/No Speaking/Non-speaking order NHS To

¶1The District Collector, Kanchipuram District.

¶2The Revenue Divisional Officer, Kanchipuram Division, Kanchipuram.

¶3The Tahsildar, Uthiramerur Taluk, Uthiramerur, Kanchipuram District.

¶4The Deputy Director Of Geology And Mining, Kanchipuram. and W.M.P.No.12677 of 2024

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.No.12677 of 2024 1. P.Nagavelu 2. Susheela ..Petitioner(s) Vs 1. The District Collector, Kanchipuram District. 2. The Revenue Divisional Officer, Kanchipuram Division, Kanchipuram. 3. The Tahsildar, Uthiramerur Taluk, Uthiramerur, Kanchipuram District. 4. The Deputy Director Of Geology And Mining, Kanchipuram. 5. N.Kanniappan 6. P.Rajamanickkam Pillai 7. R.Madhavan 8. R.Sangupani 9. R.Kannadasan ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st Respondent herein to dispose the Representation filed by the 1st petitioner herein made vide his Representation dated 16.03.2024 as expeditiously as possible within time frame stipulated by this Honble Court. Page2 of 4 For Petitioner(s): Mr.P.Dinesh Kumar For Respondent(s): Mr.Stalin Abimanyu, Additional Government Pleader for RR-1 to 4 Mr.Inthu Karunakaran for R-5 No Appearance for RR-6 to 9