W.P.No.30891 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.30891 of 2022 & W.M.P.No.30288 of 2022 Chetiannan @ Chettiya Gounder ... Petitioner vs. 1. The District Collector Salem District at Salem 2. The Tahsildar Gangavalli Taluk, Salem District 3. The Revenue Inspector Gangavalli, Gangavalli Post & Taluk Salem District ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 1st respondent to hear the stay petition dated 14.11.2022 filed under Section 10-B of TN Land Encroachment Act, 1905 along with the appeal dated 14.11.2022 filed under Section 10 of the TN Land Encroachment Act, 1905 preferred against the order of eviction dated 01.11.2022 issued by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, in respect of the lands Page Nos.1/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 comprised in Survey No.354/3 measuring 0.38 cents, Survey No.354/4 measuring 0.13 cents and Survey No.354/6 measuring 0.40 cents totalling to 0.91 cents situate at Naduvalur Village, Gangavalli Taluk, Salem District, within the time fixed by this Court. For petitioner : Mr.K.Premkumar For Respondents : Mr.K.Suresh Government Advocate ORDER [Order of the Court was made by M.SUNDAR, J.] Writ petitioner suffered an order dated 01.11.2022 made by R2 under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} after show-causing writ petitioner vide a notice under Section 7 of said 1905 Act signed by R3 on 17.10.2022. 2. Assailing the afore-referred 01.11.2022 order of R2 made under Section 6 of said 1905 Act, writ petitioner has filed a statutory appeal dated 14.11.2022. To be noted, the Appellate Authority is R1. Along with the statutory appeal, writ petitioner has taken out a stay petition also dated 14.11.2022 under Section 10-B of said 1905 Act. 3. Scanned reproduction of the appeal together with stay petition Page Nos.2/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 dated 14.11.2022 as placed before us (together with postal acknowledgement) is as follows: Page Nos.3/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.4/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.5/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.6/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.7/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.8/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.9/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.10/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.11/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.12/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.13/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.14/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 Page Nos.15/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 4. Learned counsel submits that the stay petition is pending without any orders having been passed and the writ petitioner is under pain of dispossession/demolition and that has necessitated the captioned writ petition. 5. Issue notice. 6. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for all three respondents and submits, on instructions, that the afore- referred statutory appeal and stay petition are under active consideration of R1 (Appellate Authority) and that the afore-referred stay petition dated 14.11.2022 will be disposed of by R1 on its own merits and in accordance with law as expeditiously as the business of R1 permits but in any event within four weeks from today i.e., on or before 04.08.2025. 7. Though obvious, we make it clear that R1 shall dispose of the afore-referred stay petition on its own merits and in accordance with law. The order so made on or before 04.08.2025 shall be served on the writ petitioner under due acknowledgement within 7 working days. Coercive action (if any and if that be so) shall obviously be subject to and depending on the outcome of the stay petition. If the order is adverse to the writ Page Nos.16/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 petitioner, it will be kept in abeyance for a fortnight to enable the writ petitioner to seek judicial review, if so advised and if so desired. 8. If the order is in favour of the writ petitioner, that will be curtains on the matter. If it is adverse to the writ petitioner and kept in abeyance for a fortnight and if the writ petitioner does not seek judicial review of the order under Section 10-B petition, consequences will follow. 9.Captioned WP disposed of in the aforesaid manner. As we have made it clear that coercive action (if any and if that be so), will be subject to the outcome of the stay petition with a rider to keep in abeyance, if it is adverse to the writ petitioner, captioned WMP has become otiose and the same is disposed of as closed. There shall be no order as to costs. [M.S., J.] [H.C., J.] 07.07.2025 Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order gpa Page Nos.17/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 To 1. The District Collector Salem District, Salem 2. The Tahsildar Gangavalli Taluk, Salem District 3. The Revenue Inspector Gangavalli, Gangavalli Post & Taluk Salem District Page Nos.18/19 https://www.mhc.tn.gov.in/judis W.P.No.30891 of 2022 M.SUNDAR, J. and HEMANT CHANDANGOUDAR, J. gpa W.P.No.30891 of 2022 07.07.2025 Page Nos.19/19 https://www.mhc.tn.gov.in/judis