Eviction orders cannot stand where land rights are disputed in a pending civil suit.

The petitions concerned land described as a “Nilaviyal Pathai” in Survey Nos. 8/4B2 and 8/5B, Kammapatti, South Elanthaikulam Village.

In W.P.(MD) No. 19144 of 2024, Packiyamani @ Pappa sought removal of an alleged encroachment.

In W.P.(MD) No. 6119 of 2022, Mariyapushbam T. challenged a Block Development Officer’s eviction notice dated 26 March 2022.

The parties disputed the land’s title and right of usage, and O.S. No. 350 of 2022 was pending before the Sub Court, Kovilpatti.

1. Whether the Block Development Officer’s eviction order could stand when title and usage rights over the disputed land were contested and pending adjudication in a civil suit

2. Whether the request to remove the alleged encroachment in W.P.(MD) No. 19144 of 2024 survived once the eviction order was set aside

The Court applied the principle that disputed questions of fact concerning title and rights of usage are matters for adjudication by the competent Civil Court.

Where such disputes are already pending before that court, the administrative eviction order at issue could not be sustained on the basis of the material before the High Court.

The judgment cited no specific statutory provision or precedent in support of this reasoning.

The Court noted that the parties’ competing claims concerning the land’s title and usage were factual disputes already before the Sub Court in O.S. No. 350 of 2022.

In those circumstances, it held that the Block Development Officer’s order directing removal of the alleged encroachment could not be sustained and should be set aside.

Because the challenge to that order succeeded, no further adjudication was required in the connected petition seeking removal of the alleged encroachment.

The parties were left to pursue their remedies in the pending civil suit, and the Court expressly made no finding on the merits of their claims.

W.P.(MD) No. 19144 of 2024 was closed as no longer requiring adjudication.

No costs were awarded; connected miscellaneous petitions were also closed.