Madras HC Sets Aside Tile-House Godown Eviction Direction, Requiring Survey Before Action Under Tamil Nadu Land Encroachment Act

The petitioners challenged a District Collector’s order dated 14 August 2026 insofar as it treated them as being in illegal occupation of land in Survey No. 93/3B and directed them to vacate a portion of their “Tile House” godown.

They also challenged a Tahsildar’s eviction notice dated 15 October 2026, which scheduled removal of that portion on 23 October 2026.

The petitioners argued that the direction to vacate had been made without following the procedure under the Tamil Nadu Land Encroachment Act, 1905.

The State’s counsel accepted that the direction could not be justified without following that procedure.

The other portions of the Collector’s order were not challenged.

The Court applied the Tamil Nadu Land Encroachment Act, 1905, holding that action to remove an alleged encroachment must follow the procedure prescribed by that Act.

It further directed that the land be surveyed and demarcated before the respondents take further action.

The Collector’s order directed the petitioners to vacate Survey No. 93/3B, but the procedure required by the Act had not been followed.

The State’s counsel conceded that the direction was unjustified on that basis.

The Court therefore set aside that portion of the order and required a survey and demarcation before any further action, while leaving the unchallenged portions of the Collector’s order undisturbed.

It granted the respondents liberty to proceed in accordance with the Tamil Nadu Land Encroachment Act, 1905, after surveying and demarcating the land.