Authorities cannot evict occupants before deciding their pending patta applications.

The petitioners challenged notices dated 17 August 2026, issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, concerning their occupation of portions of land in S.F. No. 10, Ward III, Old S. No. 520, Tiruvannamalai, classified as “Kallankuthu.” They claimed longstanding possession, stated that applications for patta under G.O. Ms. No. 97 dated 21 February 2025 were pending, and sought protection from eviction while those applications were considered

The State submitted that a policy decision concerning the claims was under consideration and that the occupants would not be evicted until then

Whether the petitioners could be dispossessed while their applications for patta remained pending consideration

Whether any further action concerning the subject land must await consideration of those applications and comply with due process and the directions in the earlier writ proceedings

Section 7 of the Tamil Nadu Land Encroachment Act, 1905, was the statutory basis for the challenged notices

The petitioners relied on G.O. Ms. No. 97, Revenue and Disaster Management (LD-1(1)) Department, dated 21 February 2025, as the policy basis for their pending patta applications

The Court also referred to the directions issued in W.P. No. 19880 of 2024 concerning encroachments in the Girivalapathai area

The judgment did not decide the petitioners’ eligibility for patta or lay down a separate substantive rule; it directed that they not be dispossessed while their applications remained undecided, and that any subsequent action follow due process

The Court noted that the Section 7 notices had been issued, but the petitioners’ patta applications were still pending and the Government was considering a policy decision on their claims

In light of those circumstances and the State’s undertaking that the occupants would not be evicted pending that decision, the Court granted interim protection tied to consideration of the applications. It left the merits of the patta claims and the validity of any further action for determination by the competent authority in accordance with law

Any further action, if warranted, must be taken in accordance with law, after following due process, and keeping in view the directions in the earlier writ proceedings. No costs were ordered, and the connected miscellaneous petitions were closed