Authority: Madras High Court, Bench of Justice G. Jayachandran and Justice E. Manoharan

Order Date: 03 September 2026

Case Overview

  • Petitioner: Mr. John Bosco, S/o S.T. Manuvel, residing at GLRS No.388/432 Part, Depot Lane, GST Road, Pallavaram, Chennai.
  • Respondent: Chief Executive Officer, Cantonment Board, St.Thomas Mount cum Pallavaram, Chennai.
  • The petitioner occupied the subject property continuously since 1960, paying taxes and receiving electricity.
  • The respondent issued eviction notice No.STM/Works/1/1512 dated 22.07.2026 and sought police assistance for eviction on 31.07.2026.
  • Earlier eviction proceedings under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were challenged in Public Premises Civil Miscellaneous Appeal No.11 of 2019; dismissal on 23.02.2024 allowed the petitioner to seek regularisation.
  • The High Court dismissed the appeal in C.R.P.No.2130 of 2024; petitioner applied for regularisation under Cantonment Land Administration Rules, 2021 on 08.02.2025.
  • Regularisation request was rejected by the respondent (Proceedings No: STM/Works/1/0302) on 16.02.2026, and eviction notice dated 03.03.2026 (later postponed to 17.03.2026) was issued.
  • Petitioner filed revision petition C.R.P.No:1763 of 2026 to expedite disposal of P.P.C.M.A.No:5 of 2026 pending before the Principal District and Sessions Court, Chengalpattu.
  • Respondent cited multiple prior orders: High Court orders dated 20.09.2002, 05.02.2025, 04.02.2026; Supreme Court Writ Petition (Civil) No.204 of 2014 directing Ministry of Defence to retrieve unauthorised defence land encroachments.
  • The respondent argued that regularisation of unauthorised occupation is not permissible under Cantonment Land Rules, which allow only lease with premium and central government sanction (Rule‑7, Cantonment Property Rules, 2017).
  • The Court noted that the petitioner's pending appeal (P.P.C.M.A.No:5 of 2026) is not maintainable as only orders under Sections 5, 5B, 5C and 9 are appealable.
  • The Court examined the respondent’s letter to police dated 22.07.2026 requesting deployment of police personnel (including women police) for eviction, referencing earlier High Court orders (05.02.2025, 04.02.2026) and the Supreme Court direction.
  • It was observed that police personnel were not present on the earlier scheduled eviction date (17.03.2026) and a new eviction date was set for 31.07.2026 at 10:00 hrs.
  • The Court affirmed that the land belongs to the Ministry of Defence, governed by the Cantonment Property Rules, 2017, and that any transfer other than lease requires central government sanction.
  • The Court concluded that the petitioner’s request for regularisation cannot be honoured as it contravenes statutory provisions.
  • Consequently, the letter to police is a consequential step in the lawful eviction process, and the pending appeal does not restrain the authority from proceeding.

Final Outcome

  • The writ petition (No.30649 of 2026) is dismissed.
  • Connected miscellaneous petitions are closed.
  • No order as to costs.

Topics: Eviction, Cantonment Land, Legal Dispute