Case Note & Summary
The revision petitions arose from eviction proceedings under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975. The revision petitioners claimed that an extent of 43 grounds and 1868 sq.ft was originally granted by the Government to Gopal Naicker and Sons in 1884, and an iron casting foundry was established on the land. The Government, through G.O.Ms.No.1696 dated 04.06.1959, confirmed the grant as a permanent lease for an indefinite period. Some portion of the land was later acquired for public purpose and compensation was paid. In 2018, the District Collector issued a show cause notice seeking resumption of the land, which was unsuccessfully challenged before the Commissioner of Land Administration and subsequently in writ petitions. The High Court, while dismissing the writ petitions, granted liberty to the Government to resort to the provisions of the Tamil Nadu Public Premises Act. The Estate Officer then passed an eviction order dated 17.03.2025, which was challenged in appeals before the Principal Sessions Judge, Chennai. The appeals were dismissed on 12.09.2025, confirming the eviction order. Aggrieved, the petitioners filed the present civil revision petitions under Article 227 of the Constitution. The senior counsel for the revision petitioners argued that the premises did not constitute 'public premises' under the Act, as the land was held under a permanent government grant and the structures were built by the petitioners. It was further contended that the show cause notice lacked valid grounds and the procedure under Section 4 was not followed. The petitioners also submitted that the Act could not be applied retrospectively. The matter was heard and judgment was reserved on 26.02.2026 and delivered on 10.04.2026. The full reasoning and final decision of the court were not disclosed in the available text.
Issue of Consideration
Whether the subject property falls within the definition of 'public premises' under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975; Whether the Estate Officer complied with the mandatory procedural requirements under Section 4 of the Act; Whether the Act can be applied retrospectively to the grant made in 1884.
Law Points
- Applicability of Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act
- 1975
- definition of public premises under Section 2(e)
- requirement of valid grounds in show cause notice under Section 4(2)(a)
- procedure for eviction under Section 4(3)
- retrospective operation of eviction statutes
Case Details
2026 LawText (MAD) (04) 34
C.R.P.Nos.5506 & 6059 of 2025 and C.M.P.Nos.27702 & 29893 of 2025
Mr.B.Kumar, Mr.A.K.Raghavulu, Mr.R.Parthasarathy, Mr.A.K.Pradeep, Mr.R.Ramanlaal, Mr.T.Arunkumar
M.Srinivasan (C.R.P.No.5506/2025); M/s.Gopal Naicker and Sons, Rep. by its Partner Mr.Harikrishnan and C.V.Baskar (C.R.P.No.6059/2025)
The Estate Officer, Chennai District
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Nature of Litigation
Eviction proceedings under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975.
Remedy Sought
The revision petitioners sought to set aside the orders of the Principal Sessions Judge dated 12.09.2025 confirming the Estate Officer's eviction order and to allow the civil revision petitions.
Filing Reason
The petitioners claimed lawful occupation under a permanent government grant and contended that the Public Premises Act was inapplicable and that the eviction order was passed without valid grounds or following proper procedure.
Previous Decisions
Estate Officer's order dated 17.03.2025 directing eviction; Principal Sessions Judge, City Civil Court, Chennai in C.M.A.Nos.9 and 10 of 2025 dated 12.09.2025 dismissing the appeals and confirming the eviction order.
Issues
Whether the subject property falls within the definition of 'public premises' under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975.
Whether the Estate Officer complied with the mandatory procedural requirements under Section 4 of the Act.
Whether the Act can be applied retrospectively to the grant made in 1884.
Whether the petitioners were unauthorised occupants given the permanent lease status claimed.
Submissions/Arguments
The revision petitioners argued that the property was not 'public premises' under the Act as it was held under a permanent government grant and the structures were built by them.
The show cause notice lacked valid grounds as required under Section 4(2)(a) of the Central PP Act, which is pari materia with the State Act.
The procedure under Section 4(3) was not followed, as the Estate Officer failed to satisfy the grounds for eviction and conduct a proper inquiry.
The Act does not have retrospective application, and it cannot cover a grant made in 1884.
The Land Encroachment Act, 1905 proceedings were earlier dropped, indicating that the government acknowledged the petitioners' lawful possession.
Judgment Excerpts
The Government, under G.O.Ms.No.1696, Revenue Department dated 04.06.1959, has confirmed the Grant dated 31.03.1888, being a lease for 43 grounds, for an indefinite period, in favour of Gopal Naicker and sons.
Section 4(3)... the Estate Officer has to satisfy the grounds on which the order of eviction is proposed to be made and thereafter, issue a show cause notice and conduct fair enquiry.
There is no public premises involved in the present case, for the Estate Officer to invoke the provisions of the PP Act.
Procedural History
The land was granted in 1884. The Government confirmed the permanent nature of the lease in 1959. The District Collector issued a show cause notice on 15.10.2018 for resumption of land. The appeal to the Commissioner of Land Administration was dismissed on 20.10.2020. Writ petitions were dismissed, with liberty to resort to the PP Act. The Estate Officer passed an eviction order on 17.03.2025. The Principal Sessions Judge dismissed the appeals on 12.09.2025. The present civil revision petitions were filed and heard; judgment reserved on 26.02.2026 and delivered on 10.04.2026.
Acts & Sections
- Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975: Section 2(d), Section 2(e), Section 2(g), Section 4(2)(a), Section 4(3)
- The Public Premises (Eviction of Unauthorised Occupants) Act, 1971: Section 2(d), Section 2(e), Section 2(g), Section 4(2)(a), Section 4(3)
- Land Encroachment Act, 1905:
- Companies Act, 1956: Section 3
- Constitution of India: Article 227
