Disposed¶28

Prabhavathi v. The District Collector

Madras HC24 Feb 2026WP/5356/2026

Case brief

AI extract

What is this about?

Speedy disposal of appeal under Section 10, Tamil Nadu Land Encroachment Act 1905, against Section 6 encroachment order; Madras HC declined time-bound direction citing pendency of earlier appeals; directed disposal as expeditiously as possible per seniority of pending appeals; Tiruvannamalai District Collector; Thasildar Thandarapattu Taluk; Proceedings No.AA2-2527-2025; notice dated 03.10.2025; order dated 10.11.2025; appeal dated 27.11.2025 with stay application; writ petition disposed, no costs.

What did the court decide?

Direction to the authority to dispose of the appeal dated 27.11.2025 as expeditiously as possible in accordance with the seniority of the pending appeals; no costs; connected miscellaneous petition closed. ¶28

Prabhavathi Vs The District Collector — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the first respondent should be directed to dispose of the petitioner's appeal dated 27.11.2025, filed with a stay application against the Section 6 encroachment order dated 10.11.2025, at the earliest. +1 more

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Court's answer

Instead of a time-bound direction, the court directed the authority to dispose of the appeal as expeditiously as possible in accordance with the seniority of the pending appeals.

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Ratio / Principle

Since the appeal was filed only in November 2025 and several appeals filed earlier may be pending, the court held it inappropriate to direct the authorities to dispose of the appeal at once through a time-bound direction.

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Detailed headnote1 paragraphs

Madras High Court (Division Bench: S.M. Subramaniam and C. Kumarappan JJ.; Order of the Court made by C. Kumarappan J.), W.P. No. 5356 of 2026 (decided 24-02-2026): The petitioner sought a direction to the District Collector, Tiruvannamalai (first respondent) to dispose of her appeal dated 27.11.2025, filed with a stay application against the consequential order dated 10.11.2025 in Proceedings No.AA2-2527-2025 passed by the Thasildar, Thandarapattu Taluk (third respondent) under Section 6 of the Tamil Nadu Land Encroachment Act 1905 following a notice dated 03.10.2025; the appeal had been lodged under Section 10 of the Tamil Nadu Land Encroachments Act. Observing that the appeal had been filed only in November 2025 and that appeals filed earlier were likely pending, the court declined to issue any time-bound direction and instead directed the authority to dispose of the appeal as expeditiously as possible in accordance with the seniority of the pending appeals. Writ petition disposed of accordingly; no costs; connected miscellaneous petition (WMP No. 5868 of 2026) closed.

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WP No. 5356 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-02-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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WP No. 5356 of 2026 and WMP No. 5868 of 2026

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Prabhavathi W/o.Viswanathan, Door No. 441, West Street, Perungalathur Village, Thandarapattu Taluk, Thiruvannamalai District.

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..Petitioner(s)

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The District Collector Tiruvannamalai, Tiruvannamalai District.

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The Revenue Divisional Officer Thandarapattu Taluk, Tiruvannamalai District.

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Thasildar Thandarapattu Taluk, Tiruvannamalai District.

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..Respondent(s)

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Directing the 1st respondent to dispose of the appeal dated 27.11.2025 along with the stay application filed by the petitioner against the notice dated. 3.10.2025, issued under Section 6 of Tamil Nadu Land encroachment act 1905, and the Consequential order dated 10.11.2025 in Proceedings No.AA2- 2527- 2025 on the file of the 3rd respondent and grant such other relief deemed to be fit and proper under the circumstances of the case.

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For Petitioner(s): Mr.D.Nandagopal for Mr.R.Rajarajan

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Page1 of 4

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

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WP No. 5356 of 2026

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For Respondent(s):

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Mr.D.Ravichander, Spl.Gov.Pleader for R1 to R3.

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Order

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(Order of the Court was made by C.Kumarappan J.)

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The present writ petition has been filed directing the 1^st respondent to

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dispose of the appeal dated 27.11.2025 along with the stay application.

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Learned counsel for the petitioner would submit that as against the order under Section 6 of the Tamil Nadu Land Encroachments Act, dated 10.11.2025, he has preferred an appeal under Section 10 of the Tamil Nadu Land Encroachments Act vide appeal dated 27.11.2025 along with stay application. Hence, he seeks for a speedy disposal.

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Though the learned counsel for the petitioner seeks for a speedy disposal while looking at the filing of the appeal it was only in November 2025. Therefore, it may not be appropriate to direct the authorities to dispose of the appeal at once, as there are so many appeals filed prior to the instant appeal might have been pending. Therefore, instead of giving any time bound direction, we deem it appropriate to direct the authority to dispose of the appeal as expeditiously as possible in accordance with the seniority of the pending appeals. Accordingly, the Writ Petition is disposed of as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

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(S.M.S.,J.) (C.K.,J.) 24-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi

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__________ Page2 of 4

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

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WP No. 5356 of 2026

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