Madras High Court
WP(MD)/29222/2026 of L.Muthuraja Vs The District Collector on 9 October 2026
WP(MD) No. 29222 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 29222 of 2026
CNR:{HCMD011450642026}
L.Muthuraja S/o.Mr. Lakshmanan
Bharathithasan Street
T. Kallipatti, Thenkarai
Periakulam, Theni District
..Petitioner(s)
Vs
1. The District Collector
Theni District, TheniTheni
2. The Tahsildar, Periyakulam Taluk
Periyakulam, Theni
3. The Revenue Inspector,
Thenkarai Firka, Periyakulam Taluk
Theni District.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus forbearing the Respondents from evicting the petitioner from the property comprised in S.No.322/2 an extent of 10 cents situated in Thenkarai Village, Periakulam,Theni District pending disposal of the Appeal filed by the petitioner dated 30.09.2026 on the file of the 1st Respondent under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 in the manner known to law after due opportunity to the petitioner and in accordance with law.
WP(MD) No. 29222 of 2026
For Petitioner(s):
Mr.Baburajendran
For Respondent(s):
Mr.M.Kannan,
Special Government Pleader
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. The writ petitioner suffered an order under Section 6 of the Land Encroachment Act on 28.09.2026. Aggrieved by the same, the petitioner has filed an appeal before the District Collector under Section 10 of the Act.
3. The grievance of the petitioner is that the eviction order is sought to be enforced in the meanwhile. The learned counsel for the petitioner points out that if the eviction order is enforced, the appeal filed before the first respondent will become infructuous.
4. We find force in the said contention. Appeal remedy is a valuable one. Hence, we direct the respondents 2 & 3 to keep the eviction order passed under Section 6 of the Act in abeyance. It shall abide by the outcome of the appeal now pending before the first respondent.
WP(MD) No. 29222 of 2026
5. The Writ Petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi NOTE : Issue order copy on 09.10.2026 To
1. The District Collector, Theni District, TheniTheni
2. The Tahsildar, Periyakulam Taluk, Periyakulam, Theni
3. The Revenue Inspector, Thenkarai Firka Periyakulam Taluk, Theni District.
WP(MD) No. 29222 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 29222 of 2026 09-10-2026