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2026 Supreme(Online)(Mad) 43756
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Jagadish Chandira, P.Vadamalai, JJ
Subramaniyan – Appellant
Versus
Government of Tamil Nadu – Respondent
W.P.(MD)No.14374 of 2026|W.M.P.(MD)No.10809 of 2026
For the Appellants/Petitioners: T.Vadivelan
For the Respondents: M.P.Senthil
The court directed the stay of eviction proceedings pending the disposal of a statutory revision petition, emphasizing the necessity of preserving the status quo during the pendency of administrative remedies.
Headnote:The case involves a challenge to an eviction order issued under the Tamil Nadu Land Encroachment Act, 1905, while a revision petition remains pending before the administrative authority. The court, noting the pendency of the statutory appeal/revision, opted to maintain status quo to prevent irreparable harm. It held that pending the disposal of the revision, the petitioner is entitled to interim protection. The key issue was whether the petitioner could be evicted while his revision petition was still being processed by the state authority. The court applied the principle of ensuring administrative due process by directing the timely disposal of the revision while restraining the authorities from taking coercive eviction steps. The court directed the first respondent to dispose of the revision petition within two months and ordered that no eviction be carried out in the interim.
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| 1. granting interim protection against eviction pending disposal of a statutory revision. (Para 1 , 2 , 3) |
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The Writ Petition is filed challenging the impugned order dated
20.05.2026. Initially, a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was issued and the petitioner preferred an appeal before the second respondent and the same was dismissed on 03.01.2026. Thereafter, the petitioner has preferred a revision petition before the first respondent on 27.02.2026 along with a stay petition and the said revision is pending consideration before the first respondent. Now, the present impugned order came to be issued and hence, the petitioner is constrained to approach this Court with the present Writ Petition.
2.The learned Counsel for the petitioner prays this Court that till the disposal of the revision petition preferred by the petitioner dated
27.02.2026, the petitioner shall not be evicted.
3.Upon hearing the said argument of the learned Counsel for the petitioner, we are of the view that interim protection can be granted to the petitioner until the disposal of the revision. In view thereof, this Writ Petition is disposed of on the following terms:
(i) Within two [2] months from the date of receipt of the web copy of the order, the first respondent shall dispose of the revision petition preferred by the petitioner dated 27.02.2026, in the manner known to law.
(ii) In the interregnum, let no eviction be done pending the disposal of the revision. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
