Madras High CourtWP/20163/2026disposed of

R. Mani v. The District Collector

2026-05-20Honourable Mr Justice G. R. Swaminathan,Honourable Mr.Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR JUSTICE G. R. SWAMINATHAN AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN & WMP NO. 21582 OF 2026 R. Mani S/o Raman, D. no 24/88 C-3-B Jaijavan Main Illam, West Main road, Mettur Dam -1 Salem district ..Petitioner Vs

1. The District collector Salem District, Salem

2. The Tahsildar Mettur Taluk office, Salem District

3. The revenue Inspector Revenue Inspector office, mettur, Salem District ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to dispose the stay application filed by the petitioner dated 15.05.2026 along with the Appeal filled against the Notice issued u/s 6 of the Tamil Nadu land Encroachment Act

1905 dated 12.05.2026 received by the petitioner on 14.05.2026 and till such time the 2nd respondent is directed not to evict the petitioner from the land situated in Ward -A Block -43 survey no 6/1, mettur Taluk, Salem District to the extent of 0.0227.0 square Meter.

For Petitioner(s):

Mr.V.Elangovan for Mr.K.A.Prabaharan For Respondent(s):

Mr.L.S.M.Hasan Fizal Additional Government Pleader

ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. The Petitioner suffered an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner has also filed an appeal before the District Collector, Salem. During the pendency of the appeal, the eviction order sought to be enforced. If the petitioner is evicted in the meanwhile, his appeal would become infructuous.

3. We are therefore of the view that the petitioner has to be given some relief till the disposal of the appeal.

4. We direct the respondents to keep the impugned proceedings in abeyance till the petitioner's appeal is disposed of by the 1st Respondent.

5. We make it clear that We have not gone into the merits of the matter.

6. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S.,J.] [V.L.N.,J.] 20-05-2026 Index: Yes/No Speaking/Non-speaking order GV/msr To

1. The District collector Salem District, Salem

2. The Tahsildar Mettur Taluk office, Salem District

3. The Revenue Inspector Revenue Inspector office, Mettur, Salem District

G.R.SWAMINATHAN J.

AND V.LAKSHMINARAYANAN J.

GV/msr AND WMP NO. 21582 OF 2026 20-05-2026