Lal John v. The District Collector

2026:MHC:1448

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 14985 of 2026 Lal John ..Petitioner Vs

1. The District Collector, Office of the District Collector, Nilgiris District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Gudalur, Nilgiris District.

3. The Tahsildar, Gudalur Taluk Old Court Road, Gudalur, Nilgiris District

4. The Revenue Inspector, Devarsholai, Gudalur Taluk, Nilgiris District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to dispose of the stay petition dated 05.05.2025 filed under section 10-B along with the Appeal filed under section 10 of the Tamil Nadu Land Encroachment

Act 1905, against the eviction order passed by the 3rd respondent in proceedings Na.Ka.A3/141/2025 dated 23.4.2025 within a time frame to be fixed by this Court.

For Petitioner :

Mr. Mohammed Dharwish For Respondents :

Mr.T.Arunkumar, Addl. Govt. Pleader Order (Order of the Court was made by S.M.Subramaniam J.) The Writ on hand has been instituted seeking a direction to the 1st respondent to dispose of the stay petition dated 05.05.2025 filed under section 10-B along with the Appeal filed under section 10 of the Tamil Nadu Land Encroachment Act 1905 [hereinafter referred to as "the Act"], against the eviction order passed by the 3rd respondent in proceedings Na.Ka.No.A3/141/2025 dated 23.04.2025 within a time frame to be fixed by this Court.

2. The petitioner was identified as an encroacher by the Authorities. Enforcement actions initiated and notice was issued under Sections 7 and 6 of the Act. Thereafter, the petitioner preferred an appeal under Section 10 of the Act, which is pending before the District Collector.

3. The District Collector is expected to dispose of the appeals in the order of their seniority. The appeal filed by the petitioner is in accordance with the provisions of the Act, then it is to be registered and to be taken up for

hearing and thereafter, the District Collector may dispose of the same as expeditiously as possible, if the appeal is in order.

4. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S.,J.) (K.S.,J.) 09-04-2026 Index: Yes/No Speaking/Non-speaking order DSA To

1. The District Collector, Office of the District Collector, Nilgiris District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Gudalur, Nilgiris District.

3. The Tahsildar, Gudalur Taluk Old Court Road, Gudalur, Nilgiris District

4. The Revenue Inspector, Devarsholai, Gudalur Taluk, Nilgiris District.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

DSA 09-04-2026