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2026 Supreme(Online)(Mad) 89557
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
Jothi – Appellant
Versus
District Collector, Theni District – Respondent
W.P(MD)No.25919 of 2026 | WMP (MD) Nos.19396 and 19397 of 2026
For the Appellants/Petitioners: A.Uthaya Kumar
For the Respondents: G.Mohan Kumar
The court granted liberty to the petitioner to approach a competent Civil Court for compensation after the subject property was demolished during the pendency of a writ petition challenging an eviction notice issued under the Tamil Nadu Land Encroachment Act.
Headnote:(A) Land Encroachment - Eviction Proceedings - Demolition during pendency of Writ Petition - Where the subject property is demolished during the pendency of a writ petition challenging an eviction notice, the petitioner is entitled to liberty to approach the competent Civil Court for claiming compensation. (Para 2, 4)
Issues: Whether the petitioner can approach the competent Civil Court for compensation after the demolition of the property during the pendency of the writ petition.
(Order of the Court was made by M.DHANDAPANI, J.)
Challenging the eviction notice dated 17.08.2026 issued by the second respondent, the present writ petition has been filed.
2. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner would submit that the respondent had issued an eviction notice under the Tamil Nadu Land Encroachment Act. However, during the pendency of the Writ Petition, even before the matter was taken up for admission, the respondent proceeded with the eviction proceedings and demolished the subject property.
3. In view of the subsequent development, the learned counsel for the petitioner would submit that liberty may be granted to the petitioner to approach the competent Civil Court for claiming compensation, if so advised.
4. Recording the said submission, this Writ Petition stands disposed of, with liberty to the petitioner to approach the competent Civil Court to work out his remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed.
