High Court of Madras Hears Civil Revision Petitions Against Eviction Orders Under Tamil Nadu Public Premises Act. Petitioners Assert Permanent Leasehold Rights Challenge Applicability of Act.

Civil revision petitions under Article 227 challenging orders of the Principal Sessions Judge confirming eviction order passed by the Estate Officer under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975.

Petitioners sought setting aside of the eviction orders and the appellate court's confirmation, and to allow the revision petitions.

The petitioners claim lawful possession under a permanent government grant and challenge the applicability of the PP Act, arguing that the proceedings are without jurisdiction and the Act does not apply.

The Estate Officer ordered eviction on 17.03.2025; appeals C.M.A. Nos. 9 and 10 of 2025 were dismissed by the Principal Sessions Judge, Chennai on 12.09.2025. Earlier, the writ petitions W.P. Nos. 17027 of 2020 and 66 of 2021 were dismissed, and writ appeals W.A. Nos. 2535 of 2023 and 2194 of 2023 are pending. Show cause notice issued by District Collector on 15.10.2018; appeal to Commissioner of Land Administration dismissed on 20.10.2020.

Whether the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 is applicable to the land in question. Whether the proceedings initiated under the PP Act are valid when the petitioners claim a permanent lease and the government previously initiated proceedings under the Land Encroachment Act. Whether the Estate Officer has jurisdiction to order eviction. Whether the PP Act has retrospective application. Whether the grant creates property rights protected under Article 300-A of the Constitution of India. Whether the summary procedure under the PP Act is appropriate to decide substantial rights involving immovable property. Whether the Tamil Nadu Lease-holds (Abolition and Conversion into Ryotwari) Act, 1963 is the applicable law.

Petitioners argued that the PP Act is not applicable as there is no public premises; the government wrongly invoked the Land Encroachment Act earlier; the show cause notice under Section 4 lacks justifiable grounds; the definition of 'public premises' under Section 2(e) does not cover the land; the Act is not retrospective; the grant involves property rights under Article 300-A; the Tamil Nadu Lease-holds (Abolition and Conversion into Ryotwari) Act, 1963 alone applies; the Estate Officer is not competent; and substantial rights cannot be decided in summary proceedings. Additional arguments for C.R.P. No. 6059 of 2025 highlighted the civil suit C.S. No. 861 of 1999 where the court recognized possession and granted interim injunction. The State argued that it was entitled to initiate proceedings under the PP Act as per the liberty granted in the writ appeals, and the eviction order was valid.

The revision petitioners claim that an extent of 43 grounds and 1868 sq.ft was originally given by way of a Government Grant to Gopal Naicker and sons... 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... Proceedings were initiated under the PP Act and the Estate Officer by order dated 17.03.2025 directed the revision petitioners to vacate and hand over possession to the District Collector. His primordial submission is that the Government themselves wrongly invoked the provisions of the Land Encroachment Act, 1905...

In 1884, the Government granted land to Gopal Naicker and sons. In 1959, G.O.Ms.No.1696 confirmed the grant as a permanent lease. On 15.10.2018, the District Collector issued a show cause notice seeking resumption. The appeal to Commissioner of Land Administration was dismissed on 20.10.2020. W.P.Nos.17027 of 2020 and 66 of 2021 were filed and dismissed; writ appeals W.A.No.2535 & 2194 of 2023 are pending. In the writ appeals, liberty was given to proceed under the PP Act. Proceedings under the PP Act were initiated, and on 17.03.2025, the Estate Officer ordered eviction. The Principal Sessions Judge, Chennai, dismissed C.M.A.Nos.9 & 10 of 2025 on 12.09.2025, confirming eviction. The present revision petitions were filed, reserved on 26.02.2026, and delivered on 10.04.2026.

• The Public Premises (Eviction of Unauthorised Occupants) Act, 1971: 2(d), 2(e), 2(g), 4(2)(a), 4(3)
• Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975: 2(d), 2(e), 2(g), 4(2)(a), 4(3)
• Tamil Nadu Lease-holds (Abolition and Conversion into Ryotwari) Act, 1963:
• Land Encroachment Act, 1905:
• Companies Act, 1956: 3
• Constitution of India: 227, 300-A