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2026 Supreme(Online)(Mad) 20036
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
Elumalai – Appellant
Versus
The District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram 605 602. – Respondent
WP No. 8994 of 2026
For the Appellants/Petitioners: Ms.K.Nithyashree
For the Respondents: Mr.T.Arunkumar Additional Government Pleader
The court reaffirmed the necessity for systematic disposal of appeals while balancing urgency without imposing unnecessary timelines.
Headnote:The judgment addresses a writ petition filed under Article 226 of the Constitution regarding a mandamus order for the District Collector to act on a stay petition. The court emphasizes the importance of systematic appeal disposal. The court ultimately disposes of the petition, noting time constraints on decision-making. The main issues revolve around the urgency of appeal reviews and proper order disposition among seniority, with the court concluding that while a fixed timeline can't be mandated, expeditious treatment is necessary.
| Table of Content |
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| 1. mandamus for appeal consideration. (Para 1) |
| 2. importance of systematic disposal of appeals. (Para 2) |
(Order of the Court was made by S.M.Subramaniam J.)
Writ of mandamus has been instituted directing the 1st Respondent to consider and pass orders on the petitioner’s appeal and stay petition dated 01.11.2025 filed under Sections 10 and 10 B of the Land Encroachment Act, 1905 by stating the operation of the order dated 07.10.2025 passed by the 2nd Respondent under Section 6 of the Land Encroachment Act, 1905.
2. District Collector is expected to dispose of appeals under the order of seniority, and in the event of any urgency, reasons are to be recorded. Systematic disposal of appeal by affording opportunity to the parties is of paramount importance. Therefore, High Court issuing direction by fixing a time line to dispose of such appeal may cause some inconvenience. Therefore, direction as such sought for by the petitioner cannot be granted. However, District Collector shall dispose of the appeal as expeditiously as possible. 3. Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, is closed.
