2026 Supreme(Online)(Mad) 43690

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
E. Rangan – Appellant
Versus
Tahsildar – Respondent
WP No. 20549 of 2026|WMP No. 22085 of 2026

An appellate authority must ensure no coercive dispossession occurs while a statutory administrative appeal against an eviction notice is pending consideration.

Headnote:The petitioners challenged an eviction order issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, by filing a writ petition for a Writ of Certiorarified Mandamus. The facts indicate that the petitioners had previously filed an appeal before the District Collector regarding the impugned order. The Court focused on the potential for dispossession while the administrative appeal remained pending. The main issue was whether the eviction order should be enforced pending the disposal of the statutory appeal by the District Collector. The Court determined that to prevent irreparable prejudice, a stay on the eviction process was necessary until the administrative authority could decide the merits of the pending appeal. The Court directed the District Collector to dispose of the appeal expeditiously and ordered that the eviction proceedings be held in abeyance in the interim.