Pending appeals under Land Encroachment Act on Grama Natham land require expeditious disposal before coercive action.

4.The Tahsildar, Usilampatti Taluk, Madurai District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein not to take any further action or initiate proceedings invoking the Land Encroachment Act, 1905 with respect to the occupied Natham vacant land of the petitioner in S.No.226/16 of V. Maripatti Village, Uthappanayakkanoor, Usilampatti Taluk, Madurai District and consequently direct the respondents 1 and 2 herein to dispose the Appeals filed by the petitioner in Appeal under Section 10 of the dated 18.08.2025 pending before the first respondent and Appeal No.C.No. 3845673/2025 dated 24.09.2025 pending before the second respondent within a stipulated time as expeditiously as possible.

For Petitioner : Mr.M.Divakaran For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

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

The petitioner has filed the present Writ Petition seeking a direction to the respondents not to take any further action or initiate proceedings under the Land Encroachment Act, 1905, in respect of the occupied Grama Natham land of the petitioner in S.No.226/16 of V. Maripatti Village, Uthappanayakkanoor, Usilampatti Taluk, Madurai District, and consequently to direct respondents 1 and 2 to dispose of the appeals filed by the petitioner, namely, the appeal under Section 10 of the dated 18.08.2025 pending before the first respondent and Appeal No.C.No.3845673/2025 dated 24.09.2025 pending before the second respondent, within a stipulated time.

2.Mr.A.Kannan, learned Additional Government Pleader, accepts notice for the respondents.

3.The petitioner, a 73-year-old widow, claims to have been in continuous possession and enjoyment of the subject property for over 26 years pursuant to an Assignment Patta dated 08.08.1998 issued in favour of her father-in-law. The property, classified as Grama Natham, is stated to have been used by the petitioner’s family for livelihood and worship purposes. According to the petitioner, based on objections raised by third parties, the respondents initiated proceedings under the Land Encroachment Act, 1905 and issued a notice dated 16.08.2024, which was challenged before this Court in W.P.(MD) No.23513 of 2024. By order dated 08.07.2025, this Court directed the petitioner to avail the statutory appellate remedy. Accordingly, the petitioner filed appeals before the first and second respondents on 18.08.2025 and 24.09.2025, respectively, and the same are still pending. It is further stated that, during the pendency of the appeals, the third respondent, by proceedings dated 13.09.2025, cancelled the Assignment Patta without conducting proper enquiry or affording an opportunity to the petitioner, in violation of the principles of natural justice. The petitioner alleges that, despite the pendency of the appeals, the respondents are attempting to take coercive steps, including demolition, thereby threatening dispossession. Aggrieved by the same, the present Writ Petition has been filed.

4.The learned counsel appearing for the petitioner submitted that, though the appeals preferred by the petitioner before respondents 1 and 2 are pending, the authorities are taking steps to evict her. He further submitted that the land was assigned as early as in the year 1998 and that it is classified as Grama Natham land.

5.Heard the learned counsel appearing on either side and perused the materials available on record.

6.Considering the above submissions, and in view of the fact that the appeal filed by the petitioner is pending before the first respondent, the first respondent is directed to dispose of the same on merits and in accordance with law, taking into account the legal position relating to occu