Authority: High Court of Judicature at Madras
Order Date: 14-10-2026
Case Overview
- Petitioners: M/s. Madhav Pipes and Tubes Private Limited, represented by Director Mr. Hemant Khandelwal, Chennai.
- Respondents: 1) Estate Officer, Southern Railway, Chennai Division; 2) Union of India, represented by Divisional Railway Manager, Southern Railway; 3) Mrs. Kavitha Gupta; 4) Mrs. Sarika Gupta; 5) B.G. Gupta.
- Civil Revision Petition No. 6653 of 2026 & CMP No. 28636 of 2026 (CNR: HCMA012490982026) filed under Article 227 of the Constitution of India.
- The petition challenges the docket order dated 15.09.2026 (CMA.SR.No. 2627 of 2026) of the Principal District & Sessions Court, Tiruvallur, which refused to entertain an appeal filed under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1961.
- The lower court’s refusal was based on a claimed discrepancy between the schedule of property in the memorandum of grounds of appeal and the notice issued in Form B by the first respondent.
- The petitioner contended that the notice under Form B was specifically addressed to it and affixed on its premises, and a subsequent communication dated 08.10.2026 warned of immediate removal of the unauthorized occupation.
Final Outcome
- The Madras High Court held that the lower court erred by not considering the petitioner’s explanation and by foreclosing the appeal without hearing the Railway Administration.
- The Court set aside the impugned refusal dated 15.09.2026.
- It directed the Principal District & Sessions Court, Tiruvallur, to number the appeal along with the interlocutory applications filed by the petitioner and to deal with them on their merits in accordance with law.
- The petitioner must present the papers along with a copy of this order on 15.10.2026.
- Status quo shall be maintained as on the date of this order until 26.10.2026.
- After 26.10.2026, the lower court shall independently deal with the interlocutory applications.
- The connected CMP is hereby closed.
Topics: Legal Dispute, Eviction of Unauthorized Occupants