Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 45996

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
T. Subramanian – Appellant
Versus
District Collector – Respondent
WP No. 20808 of 2026|WMP.No.22448 of 2026

Advocates:
For the Appellants/Petitioners: K. Krishnan
For the Respondents: M. Sivavarthanan

An appellate authority must dispose of a statutory appeal filed under the Tamil Nadu Land Encroachment Act, 1905 within a reasonable time, and eviction proceedings should remain stayed during the pendency of such an appeal.

Headnote:The petitioner challenged an eviction order issued under the Tamil Nadu Land Encroachment Act, 1905, while a statutory appeal under Section 10 of the Act against the same was pending before the concerned authority. The court noted that the petitioner filed a writ petition seeking to prohibit eviction during the pendency of said appeal. The High Court determined that pending the disposal of the statutory appeal, the eviction proceedings should not be enforced. The issue for consideration was whether the eviction order should be stayed while the statutory appeal filed under Section 10 remains pending. The court reasoned that in the interest of justice, the appellate authority must decide the matter on its merits within a fixed timeframe, during which the status quo regarding the eviction should be maintained. The court directed the appellate authority to dispose of the appeal on merits within four months, and ordered that the eviction order not be enforced until such disposal.

Table of Content
1. existence of a pending statutory appeal under the land encroachment act. (Para 1 , 2)
2. court mandate for time-bound disposal of appeal and interim protection against eviction. (Para 3)

(Order of the Court was made by G.R.Swaminathan J.)

Heard both sides.

2. The petitioner has suffered an eviction order under Section 6 of Tamil Nadu Land Encroachment Act, 1905. Challenging the same, he has preferred a statutory appeal under Section 10 of the said Act before the 1^st respondent and the same is still pending.

3. The 1^st respondent is directed to dispose of the said appeal on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order.

4. Till then, the eviction order shall not be enforced.

5. The writ petition is disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed.

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2026 Supreme(Online)(Mad) 45996

IN THE HIGH COURT OF JUDICATURE AT MADRASG. R. Swaminathan, V. Lakshminarayanan, JJT. Subramanian – AppellantVersusDistrict Collector – RespondentWP No. 20808 of 2026|WMP.No.22448 of 2026

An appellate authority must dispose of a statutory appeal filed under the Tamil Nadu Land Encroachment Act, 1905 within a reasonable time, and eviction proceedings should remain stayed during the pendency of such an appeal.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. R. Swaminathan, V. Lakshminarayanan, JJ
T. Subramanian – Appellant
Versus
District Collector – Respondent
WP No. 20808 of 2026|WMP.No.22448 of 2026