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2026 Supreme(Online)(Mad) 23346
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Fuscos Matriculation HIgher – Appellant
Versus
The Commissioner of Land Adm – Respondent
W.P.(MD)No.5908 of 2026 | W.M.P.(MD)No.4918 | W.M.P.(MD)No.4921 of 2026
Important Points
Subject
Administrative Law - Land Law
Headnote
Findings of Court:
The Court noted the petitioner’s undertaking to vacate the encroached land, balancing the nature of construction and pending examinations.
Issues: The main issue framed concerned the legality of the eviction notice and the request to maintain status quo.
Ratio Decidendi: The court reasoned the necessity for enforcement of land regulations while allowing time for relocation to the appellant, stressing compliance.
Result: The petitioner is directed to vacate the encroached portion of the land by 01.07.2026.
For the Appellants/Petitioners: Mr.FR.S.Savarimuthu, M/s.Father Xavier Associates
For the Respondents: Mr.S.P.Maharajan Special Government Pleader
| Table of Content |
|---|
| 1. challenge to eviction notice and maintenance of status quo. (Para 1) |
| 2. pertaining to land encroachment and government oversight. (Para 2) |
| 3. petitioner’s commitment to relocate within stipulated time. (Para 3 , 4) |
| 4. court's directive on enforcement of compliance. (Para 5) |
(Order of the Court was made by N.SATHISH KUMAR, J.)
This writ petition is filed challenging the eviction notice dated
17.12.2025 on the file of the fifth respondent and to direct the respondents to maintain status quo till the disposal of the statutory appeal.
2.The grievance of the writ petitioner is that the writ petitioner has purchased the land in Survey No.376/1A1, Kulasekarankottai Village, Vadipatti Taluk, Madurai District measuring around 2 acres and 62 cents for the purpose of establishing a School and health centre for the welfare of the people in that locality. While fencing was put up to the said property, some Government land measuring 23 cents was also covered and the School has constructed a toilet block for the use of the School Children and the staff in the land belonging to the Government. Thereby, now the Revenue Department has initiated action under the Land Encroachment Act and notice under Section 6 of the Act has also been issued. Challenging the same, the petitioner has filed the present writ petition.
3.During the earlier hearing, the learned counsel for the petitioner submits that the School has built toilets in the alleged land in the year 2010 assuming that it is their own land and the School and it will file an affidavit undertaking to hand over vacant possession of the subject land within the time frame, as the School has to re-locate the toilets and since the annual examinations are currently taking place, construction or relocation work cannot be done immediately.
4.Today, when the matter is taken up for hearing, the learned counsel for the petitioner filed an undertaking affidavit dated 05.03.2026 seeking six months time to vacate the encroached portion.
5.Considering the facts and circumstances of the case and also taking note of the nature of the construction put up by the petitioner in the Government land, we direct the petitioner School to vacate the encroached portion of the land and hand over vacant possession of the property on or before 01.07.2026. If the school does not vacate the encroached land by that date, the Government authorities are permitted to take action in accordance with law.
6.With the above directions, this writ petition is disposed of.
Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
