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2026 Supreme(Online)(Mad) 43688
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
S. Suseela – Appellant
Versus
District Collector – Respondent
WP No. 20508 of 2026|WMP No. 22042 of 2026
For the Appellants/Petitioners: K.A.Prabaharan
For the Respondents: M.Guruprasad
The court provides interim protection against eviction pending the disposal of a statutory appeal filed under the Tamil Nadu Land Encroachment Act, 1905.
Headnote:The petitioner challenged an eviction notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, by filing an appeal before the statutory authority. The court, without going into the merits of the encroachment allegations, directed the appellate authority to dispose of the pending appeal within a specified timeframe and granted interim protection against eviction until the appellate decision is reached. The issue before the court was whether the petitioner should be granted interim protection from eviction pending the disposal of a statutory appeal. The court reasoned that in the interest of justice and to ensure the appeal is not rendered infructuous, the status quo should be maintained until the appellate authority considers the challenge to the eviction proceedings. The writ petition is disposed of with a direction to the first respondent to dispose of the appeal within eight weeks, during which period the eviction order shall not be given effect to.
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| 1. court directed speedy disposal of appeal and granted interim stay. (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.
