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2026 Supreme(Online)(Mad) 43241
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
D. Saroja – Appellant
Versus
District Collector – Respondent
WP Nos. 20176, 20178 and 20179 of 2026
For the Appellants/Petitioners: Ka. Prabaharan
For the Respondents: M. Murali
The High Court may issue a Writ of Mandamus to direct an appellate authority to dispose of a pending appeal against an eviction order within a fixed timeframe and grant interim protection to maintain status quo until the appeal is resolved.
Headnote:The petitioners challenged eviction notices issued under S. 6 of the Tamil Nadu Land Encroachment Act, 1905. They had filed statutory appeals before the appellate authority and sought a direction for the disposal of the said appeals and an interim stay against dispossession. The court directed the appellate authority to decide the pending appeals within eight weeks and granted interim protection until such disposal. The primary issue involved the court’s power to regulate the transition during the pendency of a statutory appeal against an eviction order. The court observed that it is appropriate to maintain the status quo to ensure that the statutory appeal process is not rendered nugatory. The writ petitions are disposed of with a direction to the authority to decide the appeals within eight weeks, subject to an interim stay on eviction until the decision.
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| 1. court directs disposal of administrative appeals and grants interim stay against eviction. (Para 2 , 3) |
(Order of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2. The petitioners suffered eviction orders under Section 6 of the Land Encroachment Order. Questioning the same, the petitioners had filed appeals before the first respondent. The first respondent is directed to dispose of the said appeals within a period of eight weeks from the date of receipt of a copy of this order. Till the appeal is disposed of, the eviction order shall not be given effect to.
3. The writ petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
