← Library
Madras High CourtWP/8994/2026disposed of

Elumalai v. The District Collector,

2026-03-10Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender4 pages

2026:MHC:990

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Elumalai ..Petitioner(s) Vs

1. The District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram 605 602.

2. The Tahsildar, Tindivanam Taluk, Villupuram District.

..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India for issuing writ of mandamus, directing the 1st Respondent to consider and pass orders on the petitioner's appeal and stay petition dated 01.11.2025 filed under Sections 10 and 10 B of the Land Encroachment Act, 1905 by stating the operation of the order dated 07.10.2025 passed by the 2nd Respondent under Section 6 of the Land Encroachment Act, 1905. For Petitioner(s):

Ms.K.Nithyashree For Respondent(s):

Mr.T.Arunkumar Additional Government Pleader

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ of mandamus has been instituted directing the 1st Respondent to consider and pass orders on the petitioner's appeal and stay petition dated 01.11.2025 filed under Sections 10 and 10 B of the Land Encroachment Act, 1905 by stating the operation of the order dated 07.10.2025 passed by the 2nd Respondent under Section 6 of the Land Encroachment Act, 1905.

2. District Collector is expected to dispose of appeals under the order of seniority, and in the event of any urgency, reasons are to be recorded. Systematic disposal of appeal by affording opportunity to the parties is of paramount importance. Therefore, High Court issuing direction by fixing a time line to dispose of such appeal may cause some inconvenience. Therefore, direction as such sought for by the petitioner cannot be granted. However, District Collector shall dispose of the appeal as expeditiously as possible.

3. Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, is closed. (S.M.S.,J.) (K.S.,J.) 10-03-2026 Index: Yes/No Speaking/Non-speaking order GD

To

1. The District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram 605 602.

2. The Tahsildar, Tindivanam Taluk, Villupuram District.

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

GD 10-03-2026