Joseph Louis Adaikalaraj, Vs The Divisional Engineer

COMMON PRAYER:- Writ Appeals – filed under Clause 15 of the Letters Patent, to set aside the orders passed in W.P.(MD)No.30909 of 2025 dated 03.11.2025 and Rev.Aplw(md)No.33 of 2026 in W.P. (MD)No.30909 of 2025 dated 26.03.2026.

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)Nos.761 & 595 of 2026

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In both cases:

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For Appellant : Mr.V.R.Shanmuganathan For Respondent : Mr.K.Govindaraj (R1 to R3) Deputy Solicitor General of India

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COMMON JUDGMENT

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(Judgment of the Court was delivered by N.SATHISH KUMAR, J.)

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These Writ Appeals are directed against the orders of the learned Single Judge, in and by which the writ petition filed by the appellant in both the writ appeals challenging the eviction order passed against him and the review application seeking to review the order passed in the writ petition came to be dismissed.

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2.The appellant in both the writ appeals has filed an undertaking affidavit to vacate and hand over vacant possession of the subject premises and has sought six months time for the said purpose. The said undertaking affidavit is taken on record.

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)Nos.761 & 595 of 2026

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3.Having considered the submissions made and taking note of

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the fact that the appellant is in occupation of the property since 1938 and that such occupation had been permitted for all these years, as no proceedings have been initiated under the relevant provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, this Court is inclined to grant four months time to the appellant to vacate the premises.

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4.Though the learned Deputy Solicitor General submits that the appellant has to pay the reasonable rent for the subject property, this Court is of the view that in the absence of any proceedings having been initiated in that regard and in order to give a quietus to the entire issue, the appellant is permitted to continue in occupation of the premises for a further period of four months from today and shall vacate and hand over the vacant possession of the premises on or before 15.10.2026. It is made clear that in the event of failure on the part of the appellant to vacate and hand over possession within the aforesaid period, the respondents shall take appropriate action in accordance with law including recovery of damages for unauthorised occupation.

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)Nos.761 & 595 of 2026

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5.The extension of time is granted solely on the basis of the

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undertaking affidavit filed by the appellant before this Court. The said affidavit is taken on record. If the appellant fails to comply with the terms of the undertaking affidavit or vacate the premises within the stipulated time, contempt proceedings shall be initiated against him.

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6.With the above direction, these writ appeals are disposed of.

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There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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[N.S.K., J.] & [M.J.R., J.] 05.06.2026

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Index :Yes/No Internet :Yes ta

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To

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