Proper legal procedures under the Tamil Nadu Land Encroachment Act must be followed before taking coercive actions in the presence of ongoing litigation.

The present writ petition has been filed seeking a direction to the third respondent not to take any coercive steps or demolish the building in dispute till the disposal of the appeal filed by the writ petitioner under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, which is said to be pending before the first respondent.

2. The writ petitioner was issued with the notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, which was challenged by him in W.P. (MD) No.6060 of 2023. Division Bench of this Court by an order dated 25.03.2024, had refused to interfere with the said proceedings and directed the authorities concerned to comply with the procedures as contemplated under the . Thereafter, an order has been passed by the third respondent herein under Section 6 of the , on 30.04.2024.

3. The petitioner herein has challenged the Division Bench order in W.P. (MD) No.6060 of 2023 before the Hon-ble Supreme Court of India in S.L.P. (C) No.11241 of 2024. The Hon-ble Supreme Court by an order dated 17.05.2024 had permitted the petitioner to not press the Special Leave Petition by granting liberty to the petitioner to approach the competent civil court for appropriate interim orders which are pending in O.S.No.105 of 2022 on the file of the Principal Subordinate Court, Srivilliputhur. The paragraphs 2 and 3 of the Special Leave Petition order dated 17.05.2024 are extracted hereunder:~

?2. The counsel would submit that in respect of the very said land, the petitioner has filed the OS No.105 of 2022 and the same is pending before the Sub Court, Srivilliputhur.

3. With the above projection, the senior counsel submits that the petitioner (plaintiff) would move the Civil Judge for appropriate interim relief on the eviction notice issued by the Tehsildar by describing the land as Government Poramboke land.?

4. The present writ petition has been filed on the ground that due to summer vacaton, the petitioner is not able to approach the concerned civil court for getting appropriate interim relief. Considering the fact that the Hon-ble Supreme Court has granted liberty to the petitioner to approach the competent civil court and an appeal has also been filed the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, this Court is inclined to pass the following orders:~

(a) The respondents herein shall not take any coercive steps till 14.06.2024; (b) Thereafter, the authorities are at liberty to proceed in accordance with law depending upon the orders of the competent civil court.

With the said observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.