Court stays eviction under Land Encroachment Act pending appeal disposal within stipulated time.

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed this writ petition challenging the notice issued by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 in Na.Ka.4109/2025/a3 dated 03.12.2025 and to direct the first respondent/District Collector, Dindigul to pass orders in the petitioner's appeals dated 16.09.2025, 29.08.2025.

2.It is the contention of the petitioner that there is a dispute between the petitioner and his adjacent land owner, based on whose complaint, the proceedings under the Land Encroachment Act has been initiated as against the petitioner. He further contended that without conducting proper survey, the third respondent has issued notice under Section 7 of the Land Encroachment Act. Aggrieved by the said proceedings, the petitioner has preferred an appeal before the first respondent, and the same is pending consideration. In the interregnum, the second respondent has issued the present eviction notice. Hence, the petitioner has approached this Court by way of the present writ petition.

3.In view of the above submission that the petitioner has already preferred an appeal as against the order of eviction, the first respondent/District Collector is directed to dispose of the appeal, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. Till such time, the operation of the eviction order shall remain stayed. Thereafter, it is open to the authorities concerned to proceed further in accordance with law, depending upon the outcome of the appeal.

4.With the above direction, this writ petition is disposed of.