Disposed

Mrs. Padmavathi, v. The Commissioner

Madras HC28 Jul 2015WP/22794/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition contesting an eviction notice on humanitarian grounds. Without deciding merits, the Court granted two weeks for representation to the District Collector to ensure shelter, directing the Collector to either permit continued occupancy or allot alternative accommodation.

What did the court decide?

Direction to District Collector to ensure petitioner is not without shelter within two weeks by permitting continued occupancy or allotting alternative accommodation.

Mrs. Padmavathi, Vs The Commissioner — Landlord and Tenant | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28-7-2015

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CORAM:

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THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL

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W.P. No.22794 of 2015 M.P.No.1 of 2015

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Padmavathi .. Petitioner

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Vs. The Commissioner, Vandavasi Municipality, Tiruvannamalai District. .. Respondent

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Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorarified Mandamus calling for records pertaining to Na.Ka.No.923/2015/F1 dated 6.7.2015 issued by the respondent and quash the same and consequently direct the respondent not to remove the construction of the petitioner.

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For Petitioner : Mr.M.Jaikumar
For Respondents : Mr.P.S.Sivashanmugasundaram
Special Government Pleader
O R D E R

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(Order of the Court was made by SATISH K. AGNIHOTRI, J.)

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With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal at the admission stage itself.

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The petitioner, admitting that he is an encroacher in S.No.40/1 at Kottai Colony, Vandavasi, Tiruvannamalai, submits that he was issued with the impugned eviction notice dated 6th July, 2015, ignoring his pitiable condition that he has no other place to live, except the place where he now lives in a cornor, which does not cause any nuisance to the public at large. It is further contended that there are lot of encroachments in the area, and the authorities have not taken any steps for removal of those encroachments.

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https://hcservices.ecourts.gov.in/hcservices/

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Without going into the merits of the case, on perusal of the documents it appears that the impugned notice is issued on the basis of a Road Safety Committee's decision. It appears that except the place where the petitioner is now occupying, he has no other place to live.

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In that view of the matter, we grant two weeks' time to the petitioner to make appropriate representation to the District Collector, Tiruvannamalai, putting forth his case. If such a representation is made within two weeks, the District Collector, Tiruvannamalai is directed to look into the grievance of the petitioner and take appropriate measures to ensure that the petitioner is not without shelter. If the petitioner cannot be permitted to continue in the present encroached area, some other place be allotted to the petitioner, extending proper shelter.

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The writ petition stands disposed of with the above directions. No costs. Connected miscellaneous petition is closed.

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Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
vr
To
1. The Commissioner, Vandavasi Municipality, Tiruvannamalai
District.

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The District Collector, Tiruvannamalai District.

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W.P. No.22794 of 2015 jsv(co) kra(04/08)

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https://hcservices.ecourts.gov.in/hcservices/

Mrs. Padmavathi, v. The Commissioner

Case brief

What is this about?

What did the court decide?

Mrs. Padmavathi, v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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