Madras High Court
CRP/6653/2026 of Madhav Pipes and Tubes Private Limited Vs The Estate Officer on 14 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petititon No.6653 of 2026
& CMP.No.28636 of 2026
CNR:{HCMA012490982026}
M/s.Madhav Pipes and Tubes
Private Limited Rep. by its
Director Mr.Hemant Khandelwal,
S.R.No.307/2B, Basin Road,
Tiruvottiyur, Chennai 600 019.
...Petitioner
Vs
1. The Estate Officer, Southern Railway, Chennai Division, Divisional Railway Manager’s Office, Park Town, Chennai 600 003.
2. Union Of India, rep.by the Divisional Railway Manager, Southern Railway, Chennai Division, Park Town, Chennai 600 003.
3. Mrs.Kavitha Gupta,
D/o. Shri Jagdish Kumar Gupta,
Flat No.J-1501, Metro Zone,
Jawaharlal Nehru Road
Anna Nagar West,
Chennai 600 040.
4. Mrs.Sarika Gupta
W/o. Shri Sairam Gupta,
No.1402, Arihant Panache,
No.478, Poonamallee High Road
Arumbakkam, Chennai 600 106.
5. B.G.Gupta, Survey No.l3,
Basin Road, Thiruvottiyur,
Chennai 600 019.
...Respondents
PETITION under Article 227 of The Constitution of India against the docket order dated 15.9.2026 passed in CMA.SR.No.
2627 of 2026 on the file of the Principal District & Sessions Court, Tiruvallur.
For Petitioner:
Ms.S.P.Arthi
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ORDER
This civil revision petition has been filed under Article 227 of The Constitution of India against the refusal to entertain the appeal filed by the petitioner under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1961 (for brevity, the Act) in CMA.SR.No.2627 of 2026 on the file of the Principal District &
Sessions Court, Tiruvallur (for short, the Court below).
2. Heard the learned counsel for the petitioner.
3. This Court has carefully considered the submissions of the learned counsel for the petitioner and perused the materials available on record.
4. The grievance of the petitioner is that a notice was issued by the first respondent under Form B to evict them from the petition premises under the Act. Aggrieved by that, the petitioner filed an appeal under the Act before the Court below. However, the Court below refused to entertain the appeal even at the SR stage on the ground that there has been a discrepancy between the schedule of property shown in the memorandum of grounds of appeal and the notice that was issued in Form B. As against the same, the above civil revision petition has been filed before this Court.
5. In the considered view of this Court, the notice issued by the first respondent was specifically addressed to the petitioner and it was affixed in the premises belonging to the petitioner. Even thereafter, a subsequent communication has been issued on 08.10.2026 informing the petitioner to remove the unauthorized occupation/encroachment forthwith failing which, it was also made clear that the Railway Administration would proceed with the eviction/removal action in accordance with law.
6. On perusal of the records, this Court is of the considered opinion that the Court below should have acted upon the explanation given by the petitioner, entertained the appeal and clarified regarding the discrepancy pointed out by it after hearing the Railway Administration. Instead, the Court below foreclosed the opportunity given to the petitioner to prosecute the appeal under the Act. Hence, the impugned refusal made by the Court below is illegal and warrants the interference of this Court.
7. Accordingly, the above civil revision petition is allowed and the impugned refusal of CMA.SR.No.2627 of 2026 dated 15.9.2026 on the file of the Principal District & Sessions Court, Tiruvallur is set aside. There shall be a direction to the Court below to number the appeal along with the interlocutory applications filed by the petitioner and deal with same on their own merits and in accordance with law. The petitioner shall represent the papers along with a copy of this order, on 15.10.2026. Status quo as on date shall be maintained till 26.10.2026 and thereafter, the Court below shall independently deal with the interlocutory applications filed by the petitioner. Consequently, the connected CMP is closed. 14-10-2026 To The Principal District & Sessions Court, Tiruvallur. RS
N.ANAND VENKATESH,J RS CRP.No.6653 of 2026& CMP.No.28636 of 2026 14-10-2026