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2026 Supreme(Online)(Mad) 43687
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
A.Hema – Appellant
Versus
District Collector – Respondent
WP No. 20507 of 2026 | WMP No. 22041 of 2026
For the Appellants/Petitioners: K.A.Prabaharan
For the Respondents: M.Guruprasad
The court provides protection against eviction by staying execution of notice issued under the Tamil Nadu Land Encroachment Act, 1905, pending the disposal of a statutory appeal before the competent appellate authority.
Headnote:The case involves a challenge to eviction proceedings initiated under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner approached the court seeking a writ of mandamus to direct the appellate authority to dispose of a pending stay application and appeal against an encroachment notice, while requesting interim protection against eviction. The court directed the appellate authority to decide the appeal within eight weeks and granted interim protection until the final disposal of the appeal. The main issue was whether interim relief should be granted pending the disposal of a statutory appeal against an eviction notice. The ratio decidendi established that when a statutory appeal is filed against an eviction order under the Tamil Nadu Land Encroachment Act, 1905, it is appropriate to maintain the status quo until the appellate authority adjudicates upon the merits of the appeal and the accompanying stay application. The petition was disposed of with a direction to the appellate authority to resolve the appeal within eight weeks, and the eviction order shall remain suspended in the interim.
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| 1. court directs disposal of appeal in land encroachment eviction matters while staying eviction. (Para 1 , 2 , 3) |
(Order of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2. The petitioner suffered eviction order under Section 6 of the Land Encroachment Act, 1905. Questioning the same, the petitioner had filed appeal before the first respondent. The first respondent is directed to dispose of the said appeal 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 petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
