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2026 Supreme(Online)(Mad) 5070
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, C. Kumarappan, JJ
J.RANGARAJAN – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
W.P.No.3909 of 2026|W.M.P.No.4334 of 2026
For the Appellants/Petitioners: K. Sekvarah
For the Respondents: T. Arun Kumar
Authorities require reasonable time to adjudicate statutory appeals, and priority hearings cannot be granted routinely as it would prejudice other litigants awaiting their turn based on seniority.
Headnote:The case involves the Tamil Nadu Land Encroachment Act, specifically Section 6 and Section 10. The petitioner sought a Writ of Mandamus directing the authorities to consider a statutory appeal filed on 07.01.2026 and to restrain the respondents from demolishing a residential house pending the disposal of said appeal. The court observed that the appeal had been filed very recently. The primary issue was whether the court should direct the authorities to expedite the disposal of a recently filed statutory appeal. The court reasoned that the adjudicating authority requires reasonable time to process the matter and that granting out-of-turn hearings in a routine manner would cause prejudice to other litigants who are already in the queue. With the above directions, this Writ Petition is disposed of.
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| 1. authorities need reasonable time for adjudication and must follow seniority to avoid prejudice to other litigants. (Para 1 , 2 , 3 , 4) |
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Mandamus, directing the 1st respondent to forthwith consider and pass orders on the Statutory Appeal of the petitioner dated 07.01.2026, within a stipulated period and consequently forbear the respondents from demolishing the House of the petitioner bearing Door No.11, Thandava Udayar Street, Marandahalli Post, Dharmapuri District, pending disposal of the Statutory Appeal of the petitioner dated 07.01.2026.
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O R D E R
(Order of the Court was made by C.KUMARAPPAN,J.,)
The learned counsel for the petitioner would submit that he was issued with notice under Section 6 of the Tamil Nadu Land Encroachment Act on 31.12.2025. It is the submission of the petitioner that thereafter they preferred an appeal under Section 10 of the Act on 07.01.2026 and such an appeal is pending and seeks for a speedy disposal.
2. While looking at the filing of the appeal under Section 10 of the Act, it was only on 07.01.2026 and the Authority needs to have a reasonable time to adjudicate upon the matter and it is also relevant to refer that individuals cannot have out of turn hearing of the matter in a routine way, which would cause prejudice to the other litigants who are in queue.
3. Therefore, this Court is not incline to give any direction to the Authorities. However, the Authorities may dispose of the appeal as expeditiously as possible, according to the seniority.
4. With the above directions, this Writ Petition is disposed of.
No costs. Consequently, the connected miscellaneous petition is closed.
