N.Rajamanikkam Vs the District Collector

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of madamus, drecting the 1st respondent to consider and dispose of the petitioners statutory appeal dated 25.06.2026, preferred under section 10b of the tamilnadu land encroachment act, 1905 together with the stay petition, after affording an opportunity of personal hearing to the petitioner, within a time frame to be fixed by this honble court.

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https://www.mhc.tn.gov.in/judis

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WP No. 25756 of 2026

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WP No. 25756 of 2026

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For Petitioner(s): A.Rajakumar M.Sudhan V.Ranjitha

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For Respondent(s): Mr.K.Surendar, GA

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Order

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(Order of the Court was made by Dr.G.Jayachandran J.)

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(1) Mr.K.Surendar, learned Government Advocate accepts notice on behalf of the respondents 1 to 3. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

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(2) The writ petition is filed on 30.06.2026 with a prayer to direct the 1^st respondent, the District Collector, to consider and dispose of the statutory appeal dated 25.06.2026, preferred under Section 10[b] of the Tamil Nadu Land Encroachment Act, 1905, together with the stay petition.

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(3) From the typed set of papers, we find that the appeal dated 25.06.2026, sent by RPAD through the Department of Post, Government of India, Ministry of Communication, on 25.06.2026, had been delivered to the office of the 1^st respondent on 29.06.2026. The writ affidavit is prepared, sworned and signed by the writ petitioner on 26.06.2026, at Chennai, even before the appeal reached the office of the 1^st respondent. The writ petition is filed in the Registry on 30.06.2026, i.e., the next day, after the appeal reached the 1^st respondent’s office.

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(4)

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https://www.mhc.tn.gov.in/judis

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WP No. 25756 of 2026

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(5) In the said circumstances, we are not inclined to entertain the writ petition which has been filed prematurely, seeking for a direction to dispose of the appeal even without giving some reasonable time for the 1^st respondent to appreciate the grounds of appeal.

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