The High Court dismissed a writ petition seeking a writ of Mandamus to restrain eviction from premises in Puducherry. Based on the respondent's counter-affidavit confirming no intention to evict the tsunami-affected petitioners, the Court closed the petition without further adjudication.
Writ Petition closed with no costs imposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2018
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.No.1258 of 2011 and M.P.No.1 of 2011
Vs.
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents 1 and 2 from evicting the petitioners from the respective premises situated at Pachaivaliyamman Koil Street, Vaithikuppam, Puducherry - 605 012 without due process of law.
Heard the learned counsel for the petitioners and the learned Government Advocate (Puducherry) for respondents 1 and 2 and perused the materials available on record.
family members and it was also far away from the sea-shore. Hence, they made representation and the Government by issuing G.O.Ms.No.35, Department of Revenue and Disaster Management, dated 23.11.2009, modified the earlier G.O.Ms.No.17, dated 13.06.2008 and thereby permitting the residents to retain their houses existed before Tsunami.
Sd/Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar
pvs
To 1. The Sub Collector (North), Puducherry Union, Puducherry. 2. The Tahsildar, Taluk Office, Puducherry.
+1cc to M/s.S.Doraisamy, Advocate, S.R.No.75499
W.P.No.1258 of 2011 RV(CO) CS/07/12/2018
1 issue framed by the court
Whether the High Court should intervene to restrain eviction orders issued under government notices for Tsunami-affected housing rehabilitation.
3 provisions across 3 enactments
Veerappan Ors.
The Sub Collector (North), Puducherry Union, Puducherry
The Tahsildar, Taluk Office, Puducherry
P.Thambidurai
K. KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
