Authorities must follow statutory eviction procedures and afford encroachers an opportunity before removal.

The petitioners sought a direction restraining the authorities from evicting them from specified lands in Ajjoor Village, Nilgiris District, without notice and due process under Section 68-A of the Tamil Nadu Forest Act, 1882, and Rule 2 of the Tamil Nadu Forest Lands (Eviction and Encroachment) Rules, 1981.

The State informed the Court that the District Collector had constituted a committee to ascertain the facts and consider a solution to the alleged encroachments; further proceedings would follow receipt of its report.

1. Whether the authorities could remove the petitioners from the disputed lands without following the procedure prescribed by the applicable statutes and rules.

2. Whether the petitioners were entitled to a direction that they be afforded an opportunity before any decision to remove them as encroachers.

The petitioners relied on Section 68-A of the Tamil Nadu Forest Act, 1882, and Rule 2 of the Tamil Nadu Forest Lands (Eviction and Encroachment) Rules, 1981, as the provisions governing eviction and encroachment.

The Court did not interpret those provisions separately or cite precedent; it directed that any decision to remove encroachers must follow the procedures prescribed by the relevant statutes and rules in force and afford them an opportunity in the manner known to law.

Given the State’s submission that the Collector’s committee was still ascertaining the facts, and its assurance that any subsequent action would follow the applicable procedure, the Court treated the requested relief as general in nature.

It therefore did not determine the petitioners’ status or the merits of the alleged encroachments, but made procedural compliance and an opportunity to the affected persons conditions of any removal decision.

No costs were ordered, and any connected miscellaneous petitions were closed.