Isabella Mariam

The High Court of Madras, Division Bench of Justice S.M. Subramaniam and Justice C. Kumarappan recently dismissed petitions by Shanmugha Arts, Science Technology & Research Academy (SASTRA), a deemed university, challenging a government order that declined to accept alternate land it offered for a prison site and the consequential eviction notice issued by the Tahsildar, Thanjavur. The Bench recorded that the State had decided to develop a prison on the government land under encroachment and required the area for the project. Declining to interfere, it directed the authorities to implement the eviction notice, with police assistance if necessary, within four weeks from receipt of the order.

The writ petitions arose from a dispute concerning alleged encroachment of government land by an educational institution and its administering trust. The land, measuring approximately 12.70.50 hectares (31.37 acres), situated in Thirumalaisamudram Village, Thanjavur District, had been allotted to the Prison Department of the State for establishment of an Open-Air Jail. According to the State, the encroachment commenced in or around 1985, preventing implementation of the prison project.

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Eviction proceedings were initiated under the Tamil Nadu Land Encroachment Act, 1905, culminating in statutory notices and multiple rounds of appeals, reviews, and writ proceedings before revenue authorities and constitutional courts. The petitioners repeatedly sought assignment, alienation, or exchange of the encroached land, including by offering alternate land, which the Government rejected on several occasions through orders issued in 2002, 2017, and 2022.

Following dismissal of earlier proceedings, including confirmation of eviction by a Division Bench and dismissal of a Special Leave Petition by the Supreme Court, the petitioners submitted fresh representations. These representations were rejected by Government Order dated 23.02.2022, followed by an eviction notice dated 25.02.2022, which formed the subject matter of the present writ petitions.

The Division Bench recorded that “the present Writ Petitions are third round of litigations by the petitioners” and noted that “longevity of these re-litigations is about 30 years.” The Court observed that “issues are already adjudicated and reached finality upto the Hon’ble Supreme Court of India.”

On the nature of the land, the Court stated that “Government lands are public lands” and that “public rights are to be protected by the Constitutional Courts.” It was recorded that the land had originally been earmarked for an Open-Air Jail and that “the Government took a policy decision to establish a Jail in the said location by evicting encroachers.”

Dealing with the claim for assignment or exchange, the Court observed that “assignment of an encroached land cannot be claimed as an absolute right by encroachers” and that “accepting an alternate proposal is discretion of the Government.” The Bench further noted that “the offer made by the petitioner was repeatedly rejected right from the initial stage from the year 2002 onwards.”

On the effect of prior adjudication, the Court recorded that “the majority judgment of the High Court was confirmed by the Hon’ble Supreme Court of India.” It further stated that “taking lien on the liberty granted by the Supreme Court to file a representation, once again the petitioner University re-opened the litigative process.”

The Court cautioned that “such tactics adopted, by re-litigating the same issue, if encouraged by the Courts, no quietus can be given to the issues and ultimately would result in miscarriage of justice.” It was also observed that “the Government is unable to implement public purpose project for the past more than three decades on account of continuous litigations.”

Ultimately, the Bench held that “the petitioners have not established even a semblance of legal right for the purpose of sustaining their request either before the Government, or before this Court.”

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The Court directed that “the respondents are directed to act upon the impugned Eviction Notice dated 25.02.2022 by evicting the encroachers.” Eviction may be carried out “with the assistance of Police within a period of four weeks from the date of receipt of a copy of this order.”

“These Writ Petitions are dismissed” and that “connected miscellaneous petitions are closed.” The matter to be listed “for reporting compliance on 18.02.2026.”

Advocates Representing the Parties

For the Petitioners: Mr. G. Rajagopalan, Senior Counsel; Mr. P.H. Aravind Pandian, Senior Counsel

For the Respondents: Mr. P.S. Raman, Advocate General, assisted by Mr. D. Ravichander, Special Government Pleader

Case Title: Shanmugha Arts, Science Technology & Research Academy (SASTRA) Deemed University v State of Tamil Nadu
Case Number: W.P. Nos. 6989 & 6993 of 2022
Bench: Justice S.M. Subramaniam, Justice C. Kumarappan