Case Note & Summary
In a writ petition under Article 226 of the Constitution, the petitioner, an unauthorised occupant, challenged a letter dated 08.05.2024 issued by the Chief Executive Officer, Cantonment Board, St. Thomas Mount cum Pallavaram, addressed to police authorities seeking police protection to remove encroachers including the petitioner. The Cantonment Board had initiated eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, following procedures such as issuing show cause notices and providing a hearing, as confirmed by the Court. The eviction action was taken pursuant to an earlier writ order, and contempt proceedings (Contempt Petition No. 2221 of 2018) had been initiated against the Board for non-compliance. The petitioner had filed an appeal under the Act, but it was pending at the condone delay stage without a regular number. The core legal issue was whether the writ petition was maintainable given the pending statutory appeal and the compliance with natural justice. The petitioner argued that the eviction notice was arbitrary and the appeal was pending, while the respondents contended that due process was followed and the petitioner was an unauthorised occupant. The High Court held that the letter seeking police protection did not independently provide a cause of action for a writ, and since the statutory procedure was complied with and an appeal remedy was available, the writ petition was not entertainable. The Court emphasised that the petitioner was indisputably an unauthorised occupant and natural justice had been observed. Consequently, the writ petition was dismissed, and the Court directed the Commissioner of Police, Tambaram City Police to provide adequate police protection to carry out the eviction, and the Cantonment Board to take appropriate actions to remove the encroachers.
Headnote
A) Administrative Law – Writ Jurisdiction – Maintainability – Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and Article 226 of the Constitution – The High Court held that a writ petition under Article 226 is not maintainable where the statutory eviction procedures have been followed, the petitioner is an unauthorised occupant, and an appeal under the Act is pending, even if at the condone delay stage. The letter requesting police protection for eviction does not independently give rise to a cause of action for writ proceedings. (Paras 3-4) B) Natural Justice – Procedural Fairness – Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – The Court noted that the Cantonment Board had complied with the provisions of the Act, issued notices, and afforded an opportunity of hearing to the petitioner, thus satisfying the principles of natural justice. This compliance further weighed against entertaining the writ petition. (Paras 2, 4) C) Eviction – Police Protection – Duty of Police – Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – The Court ordered the Commissioner of Police to provide adequate police protection to carry out the eviction of unauthorised occupants as per the Court’s orders and the Cantonment Board’s proceedings, emphasising the statutory duty to assist in executing eviction orders. (Paras 5-6)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution is maintainable to challenge an eviction notice/letter seeking police protection when the petitioner has a pending appeal under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 at the condone delay stage, and whether the letter independently provides a cause of action.
Final Decision
Writ Petition dismissed; Court directed Commissioner of Police to provide adequate police protection for eviction; Cantonment Board to take all appropriate actions to remove encroachers.
Law Points
- A writ petition does not lie against a letter seeking police protection for eviction when the eviction has been ordered following due process under the Public Premises Act
- 1971
- compliance with natural justice and pendency of a statutory appeal render the writ remedy inappropriate
- Police authorities are duty-bound to provide protection for eviction of unauthorised occupants from public premises
