Madras High Court

WP/45686/2026 of SRI SUNDARA VINAYAGAR SABHA Vs THE DISTRICT COLLECTOR on 11 November 2026

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WP No. 45686 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

WP No. 45686 of 2026

CNR:{HCMA012548432026}

Sri Sundara Vinayagar Sabha

Rep. by its Secretary,

Mr. Kumar, 74 years,

S/o. Ramachandran,

NO.42, Paper Mills Road,

Perambur, Chennai-600 011

..Petitioner(s)

Vs

1. The District Collector

Chennai District,

No.62 4th Floor,

Singaravelan Maaligai, George Town,

Chennai-600 001.

2. The Tahsildar

Aynavaram Taluk,

Chennai District.

..Respondent(s)

Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st Respondent to dispose of the petitioners Appeal dated 28.03.2022 filed under Sec. 10 of the Tamil Nadu Land Encroachment Act, 1905 Challenging the show cause notice issued by the 2nd Respondent dated 11.03.2022 with respect to the property measuring to an extent of 98 cents/0.37.23 Hectares comprised in Old Survey No.5A

(Resurvey No.5/59 and T.s. No.55) situated at Block 09, Srivallur Village, __________

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WP No. 45686 of 2026

Aynavaram Taluk, Chennai District occupied by the Sri sundara Vinayagar Temple within the time limit to be stipulated by this Court.

For Petitioner(s):

Mr.M.Vivekanandan

For Respondent(s):

Mr.A.M. Amutha Ganesh G

Government Advocate for RR 1 and 2

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Order

(Order of the Court was made by S.M.Subramaniam J.)

The present Writ of Mandamus has been instituted to direct the respondent to dispose of the petitioners Appeal dated 28.03.2022 filed under Sec. 10 of the Tamil Nadu Land Encroachment Act, 1905 Challenging the show cause notice issued by the 2nd Respondent dated 11.03.2022.

2. Routine issuance of directions to dispose of the representation / appeal / revision would do no service to the cause of justice. Litigant will be back again by instituting further petitions, leading to multiplicity of proceedings. Whenever an appeal is preferred to the Appellate Authority, such appeals ought to be registered by the Appellate Authority in the filing register and accordingly, appeals ought to be disposed in a systematic manner, preferably in the order of seniority, except in urgent cases. Issuing routine directions to the Appellate Authority to dispose of the appeal would result in causing prejudice to other persons, who have preferred appeals long __________

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WP No. 45686 of 2026 before and waiting for disposal of their appeals. That apart, the Appellate Authority would also be pressurised unnecessarily and they will not be in a position to carry out their routine public duties. The District Revenue Officer has to perform a lot of public duties and disposal of appeal is one such duty, which has to be exercised. Thus, disposal of appeal is to be undertaken in a systematic manner without causing any discrimination amongst persons, who have preferred appeals and waiting for disposal of their respective appeals.

3. In the present case, the petitioner has filed the appeal on 28.03.2022 and more than four years have lapsed. Therefore, the respondent shall consider the seniority of the appeal filed by the petitioner and dispose of the same on merits and in accordance with law.

4. With the above direction, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST __________

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WP No. 45686 of 2026 To

1. The District Collector Chennai District, No.62 4th Floor, Singaravelan Maaligai, George Town, Chennai-600 001.

2. The Tahsildar Aynavaram Taluk, Chennai District. __________

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WP No. 45686 of 2026 S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 45686 of 2026 11-11-2026 __________

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