Disposed¶26

Elumalai v. The District Collector

Madras HC10 Mar 2026WP/8994/2026

Case brief

AI extract

What is this about?

Madras High Court; WP No. 8994 of 2026; Neutral Citation 2026:MHC:990; dated 10-03-2026; S.M. Subramaniam J. (author) with K. Surender J.; Elumalai v. District Collector, Villupuram & Tahsildar, Tindivanam; Land Encroachment Act 1905; Section 6 order dated 07.10.2025; Sections 10 and 10 B appeal and stay petition dated 01.11.2025; writ of mandamus; request for time-bound disposal refused; disposal as expeditiously as possible directed; disposal by seniority; no costs.

What did the court decide?

Writ petition disposed of without costs; the court-fixed timeline sought was refused, but the District Collector was directed to dispose of the petitioner's appeal as expeditiously as possible; connected miscellaneous petitions, if any, closed. ¶26

Elumalai Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

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2026:MHC:990

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WP No. 8994 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-03-2026

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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 K. SURENDER

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WP No. 8994 of 2026

Elumalai

..Petitioner(s)

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

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The Tahsildar, Tindivanam Taluk, Villupuram District.

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..Respondent(s)

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Writ Petition filed under Article 226 of the Constitution of India for issuing writ of mandamus, directing the 1^st 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 2^nd Respondent under Section 6 of the Land Encroachment Act, 1905.

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For Petitioner(s): Ms.K.Nithyashree

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For Respondent(s): Mr.T.Arunkumar Additional Government Pleader

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__________ Page1 of 4

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

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WP No. 8994 of 2026

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ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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Writ of mandamus has been instituted directing the 1^st 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 2^nd Respondent under Section 6 of the Land Encroachment Act, 1905.

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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.

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