A writ petition seeking intervention in eviction proceedings is premature when the petitioner is already undergoing a pending statutory enquiry under the Tamil Nadu Land Encroachment Act following a prior court mandate.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from evicting the petitioner except in accordance with due process of law for the property admeasuring 12.35 cents comprised in Survey No.348 situated at Chinnamanur Village, Thirupatthur Taluk in favour of the Sivakkaaliamman Temple.

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.)

The petitioner herein makes an allegations that the respondents are trying to evict him without affording an opportunity of being heard before eviction. He submitted that in the earlier writ petition filed by the petitioner, this Court has recorded that the objections of the petitioner will be considered and a final decision will be taken, but till date, no decision has been taken.

2. The learned Government Advocate appearing for the State submitted that the petitioner herein is in illegal occupation if Government Poramboke land and therefore, a show cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, was issued. Instead of participating in the enquiry, the petitioner rushed to this Court by filing a writ petition in W.P.No.3135 of 2026, wherein the Division Bench of this Court dismissed the writ petition, observing that a final decision will be taken after affording an opportunity to the writ petitioner. Following this, the petitioner, as an illegal occupant, has submitted an objection, and the same is under consideration.

3. In view of the above, we find that this Writ Petition is premature. Hence, the same stands dismissed. Consequently the connected Miscellaneous Petitions are closed. No costs.