Madras High Court
WP/39543/2026 of C. EaswaraMoorthy Vs The Secretary to Government on 30 September 2026
WP No. 39543 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 39543 of 2026
CNR:{HCMA012319852026}
AND WMP NO. 44433 OF 2026
C. EaswaraMoorthy,
S/o. Chinniya Gounder,
Aged about 54 years, Hindu,
Residing at Door No.6/571,
Oonjappalayam Village, Somanur Post,
Sulur Taluk, Coimbatore District - 641 668.
..Petitioner(s)
Vs
1. The Secretary to Government,
Revenue and Disaster Management
Department, Government of Tamil Nadu,
Secretariat, Fort St. George, Chennai - 600 009
2. The District Collector,
Office of the District Collector,
Coimbatore District, Collectorate Campus, Old Post Office Road, Coimbatore - 641 018
3. The District Revenue Officer,
Office of the District Revenue Officer,
Coimbatore District, Collectorate Campus, Old Post Office Road, Coimbatore - 641 018
4. The Tahsildar,
Office of the Tahsildar,
Sulur Taluk, Sulur,
Coimbatore District
5. The Revenue Inspector,
Office of the Revenue Inspector,
Karumathampatti Firka, Sulur Taluk,
Coimbatore District
..Respondent(s)
WP No. 39543 of 2026
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Mandamus, forbearing the Respondents, their men, subordinates, officials and agents, from in any manner evicting, dispossessing or demolishing the Petitioner's ancestral residential property situated in S.F.No.59/1, Kaniyur Village, Sulur Taluk, Coimbatore District, or from taking any other coercive action against the Petitioner pursuant to the order of the Second Respondent dated 31.08.2026 in Na.Ka.No.E4682465/2025/A2, pending disposal of the Revision Petition filed by the Petitioner under Section 10-A(1)(c) of the Tamil Nadu Land Encroachment Act, 1905 together with the connected stay petition filed under Section 10-B of the said Act, which are pending before the First Respondent For Petitioner(s):
Mr.K.R.Samrat for M/s.S.Saran Prasad
For Respondent(s):
Mr.B.Pachaiyappan, AGP
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Order
This writ petition has been filed to forbear the respondents from dispossessing or demolishing the petitioner's subject property.
2. Mr.B.Pachaiyappan, learned Additional Government Pleader, takes notice on behalf of the respondents.
WP No. 39543 of 2026
3. By consent of the parties, the main petition is taken up for disposal in the stage of admission itself.
4. The learned counsel for the petitioner would submit that in this case, the petitioner and his family are in the peaceful possession of the subject property for more than 9 decades. Under these circumstances, all of a sudden, the respondent is making attempts to dispossess the petitioner from the said property, vide eviction notice dated 18.06.2026, on the ground that it is not a patta land. Aggrieved over the same, a statutory appeal was preferred by the petitioner on 22.06.2026. However, the said appeal was dismissed vide order dated 31.08.2026. Subsequently, a revision petition was filed on 17.09.2026. Pending the said revision petition, the respondents are taking coercive steps to evict the petitioner from the subject property. Hence, this petition.
5. In reply, the learned counsel for the respondent would submit that since the subject land falls under the category of “cart track”, the appeal filed by the petitioner was dismissed vide order dated 31.08.2026 with a direction to evict the petitioner from the subject property. Hence, he requests this Court to pass appropriate orders.
WP No. 39543 of 2026
6. Heard the learned counsel appearing for the petitioner as well as the respondent and also perused the entire materials available on record.
7. In the case on hand, the petitioner and his family are in the peaceful possession of the subject property for more than 9 decades. Under these circumstances, all of a sudden, the respondent is making attempts to dispossess the petitioner from the said property, vide eviction notice dated 18.06.2026, on the ground that the subject land falls under the category of “cart track”. Aggrieved over the same, a statutory appeal was preferred by the petitioner on 22.06.2026. However, the said appeal was dismissed vide order dated 31.08.2026. Subsequently, a revision petition was filed on 17.09.2026. Pending the said revision petition, the respondents are taking coercive steps to evict the petitioner from the subject property.
8. As rightly contended by the petitioner, pending the revision petition, no steps shall be taken by the respondent for evicting the petitioner or demolishing the subject property. In such case, this Court directs the respondents not to take any coercive steps against the petitioner until the disposal of revision petition.
WP No. 39543 of 2026
9. With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petition is also closed. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa To
1. The Secretary to Government, Revenue and Disaster Management Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009
2. The District Collector, Office of the District Collector, Coimbatore District, Collectorate Campus, Old Post Office Road, Coimbatore - 641 018
3. The District Revenue Officer, Office of the District Revenue Officer, Coimbatore District, Collectorate Campus, Old Post Office Road, Coimbatore - 641 018
4. The Tahsildar, Office of the Tahsildar, Sulur Taluk, Sulur, Coimbatore District
5. The Revenue Inspector, Office of the Revenue Inspector, Karumathampatti Firka, Sulur Taluk, Coimbatore District
WP No. 39543 of 2026
KRISHNAN RAMASAMY J. nsa WP No. 39543 of 2026 30-09-2026