V.Nagabhusanam Vs the District Collector

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the Respondents from taking coercive proceedings against the Petitioner for recovering the amount

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W.P.No.771 of 2025

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pursuant to the order of the 2 nd Respondent Revenue Divisional Officer, Hosur passed in Ref.Na.Ka.No.5926/2021/B2 dated 21.03.2022 under the Tamil Nadu Revenue Recovery Act, 1864, till the disposal of the Appeal dated 13.07.2024 (sent by RPAD on 15.07.2024) pending on the file of the 1st Respondent District Collector, Krishnagiri.

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For Petitioner : Mr.V.Sanjeevi For Respondents : Mr.G.Ameedius Government Advocate

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O R D E R

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By consent of both the learned counsel appearing for the petitioner as

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well as respondents, this writ petition is disposed of at the admission stage itself.

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The petitioner herein seeks issue of Writ of Mandamus, forbearing

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the respondents from taking any coercive steps against the petitioner for recovery of the amount pursuant to the order passed by the 2^nd respondent dated 21.03.2022, when the appeal filed by the petitioner challenging the

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order is pending before the 1^st respondent.

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W.P.No.771 of 2025

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It is the case of the petitioner that the 2^nd respondent passed an order in Ref.Na.Ka.No.5926/2021/B2, dated 21.03.2022 against the petitioner imposing a penalty of Rs.44,74,66,218/- for alleged violation of permit granted to the petitioner under Rule 36(A)(1) and (3) of the Tamil Nadu Minor Mineral Concession Rules, 1959. It is further stated by the petitioner that the order passed by the 2^nd respondent was not known to him and the same came to his knowledge only when he was served with Form-4 notice under Section 25 of the Tamil Nadu Revenue Recovery Act, 1864. Immediately, the petitioner made a request to the 2^nd respondent to furnish him with a copy of the order dated 21.03.2022 by submitting a representation dated 04.06.2024. Subsequently, the 2^nd respondent furnished the copy of the order only on 14.06.2024. After receipt of the said order, the petitioner filed a Statutory Appeal dated 13.07.2024 before the 1^st respondent under Rules 36C(1) of the Tamil Nadu Minor Mineral Concession Rules, 1959 and the same was sent by registered post on 15.07.2024. When the Statutory Appeal filed by the petitioner is still pending, the 1^st respondent is taking coercive steps to recover the above said amount as ordered by the 2^nd respondent. Therefore, the petitioner has come before this Court.

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W.P.No.771 of 2025

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Mr.G.Ameedius, learned Government Advocate, who is taking

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notice for the respondents would submit that the appeal filed by the petitioner appear to be time barred and hence, the petitioner is not entitled to the prayer sought for before this Court.

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It is the case of the petitioner that the original order passed by the

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2^nd respondent was not served on him and the fact of said order came to his knowledge only after receipt of Form-4 notice issued under the Revenue Recovery Act during June-2024. Immediately, the petitioner submitted a representation before the 2^nd respondent seeking copy of the order and the same was furnished to the petitioner only on 14.06.2024.

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In view of the same, the 1^st respondent is directed to consider the appeal filed by the petitioner dated 13.07.2024 and pass final orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order. The 1^st respondent is entitled to go into all the questions including the question of alleged delay in filing appeal. Till the final orders are passed by the 1^st respondent in the appeal

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W.P.No.771 of 2025

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filed by the petitioner, no coercive steps shall be taken to recover the

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amount as per the order passed by the 2^nd respondent.

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