The High Court of Judicature at Madras dismissed a writ petition filed by a property purchaser challenging an order to vacate land. The Court held the petitioner was an encroacher on land already acquired and for which an award was passed years prior to her purchase.
Writ Petition dismissed with no costs.
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 : 13.11.2019
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.37056 of 2004 and WPMP.No. 44482 of 2004
Smt. C. Rajeshwari ... Petitioner
vs.
1. State of Tamil Nadu,
rep. By the Secretary to Government,
Housing & Urban Development Department,
Fort St. George, Chennai -9.
2. The Tamil Nadu Housing Board,
Rep. By its Chairman,
Nandanam, Chennai -35.
3. The Executive Engineer,
and the Administrative Officer,
Tirunelveli Housing Board,
Kamarajar Salai, Anbu Nagar,
Tirunelveli – 627 011. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India praying for issuance of a Writ of
Certiorari, calling for the records of the 3 rd respondent dated
17.11.2004 bearing letter NO.LA/521/82 and quash the same.
For Petitioner : Mr.S.Mukunth for M/s. Sarvabhauman Associates For Respondents: Mr.I. Sathish Additional Govt. Pleader [R1] Mr.R. Bharathkumar [R2 & R3]
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ORDER
The writ petition has been filed challenging the order passed by the 3rd respondent directing the petitioner to vacate the premises and handing over the possession to the Housing Board.
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Accordingly, the Writ Petition is dismissed. No costs. Connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
mp
To
1. The Secretary to Government,
Housing & Urban Development Department,
Fort St. George, Chennai -9.
2. The Chairman,
The Tamil Nadu Housing Board,
Nandanam, Chennai -35.
3. The Executive Engineer,
and the Administrative Officer,
Tirunelveli Housing Board,
Kamarajar Salai, Anbu Nagar,
Tirunelveli – 627 011.
+1cc to M/s. Sarvabhauman Associates, Advocate sr.94337
+1cc to Government Pleader SR.NO. 94617
+1cc to Mr.R. Bharathkumar, Advocate sr.94561
W.P.No.37056 of 2004 and WPMP.No. 44482 of 2004 nr(co) nr 24/02/2020
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2 issues framed by the court
Whether the petitioner, who purchased encumbered land after acquisition proceedings and award had already taken place, is a lawful owner or an encroacher.
Whether the order directing the petitioner to vacate premises acquired by the State is sustainable in the facts.
2 provisions across 2 enactments
Smt. C. Rajeshwari
State of Tamil Nadu
Tamil Nadu Housing Board
Executive Engineer, Tirunelveli Housing Board
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
