Disposed

Mrs.Shanthi v. Special Officer

Madras HC21 Jan 2021WP/19918/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by a petitioner facing eviction notice for alleged encroachment. The Respondents were directed to consider the petitioner's written objections, afford a personal hearing, and pass appropriate orders on merits within 15 days.

What did the court decide?

The Court directed the respondents to consider the petitioner's objections, afford a personal hearing, and pass appropriate orders on merits within 15 days. The Writ Petition was disposed of.

Mrs.Shanthi Vs Special Officer — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 21.01.2021

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Coram:

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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and

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THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

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W.P.No.19918 of 2020
and
W.M.P.No.24593 of 2020
Mrs.Shanthi, W/o Govindan .. Petitioner
Vs.
1. Special Officer, Mugaiyur Panchayat
& B.D.O,
Lathur (E) Pavunjur, Chengleput District-603 312.
2. Public Works Department,
Rep. by its Asst. Engineer,
Irrigation Division,
Water Resource Organisation,
Sadras, Kalpakkam,
Chengleput District-603 102. .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records pertaining to the impugned notice Na.Ka.No.2284/2020/A2, dated 10.11.2020 issued by the first respondent to the petitioner and quash the same.

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For petitioner : Mrs.Lita Srinivasan For respondents : Mr.V.Jayaprakash Narayanan, Govt. Pleader ORDER (The Order of the Court was made by R.Subbiah, J)

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This Writ Petition has been filed seeking for issuance of a Writ of Certiorari to call for the records pertaining to the impugned notice in Na.Ka.No.2284/2020/A2, dated 10.11.2020 issued by the first respondent to the petitioner and quash the same.

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

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The petitioner is in possession of the property comprised in Survey No.258/1 of 0.39.5 ares in Kuttai Poramboke and its parts in Mugaiyur Village, Cheyyur Taluk in Chengleput District. She is a widow residing with her children and she is eking out her livelihood as Dhobi. Along with her, there are six other families which are living in the same Survey Number. The petitioner's husband is in possession of the said property for over 40 years. They have also sought for Patta through Jamabandi and two such petitions were preferred on 04.08.1982 and 27.06.1985 through the petitioner's father-in-law. It is further stated by the petitioner that she had spent huge amount from their hard earned money to put up a dwelling house for their shelter. It is also stated by the petitioner that she is having proof of payment of taxes from 1988 to the Mugaiyur Panchayat in respect of the above property and electricity service connection is also provided to their premises. It is further stated by the petitioner that in the month of November 2020, some officials from the office of the first respondent came to the petitioner's area and informed that they are going to evict the encroachers, including the petitioner and others who have encroached the land classified as Kulam Poramboke. The first respondent served the impugned notice dated 10.11.2020 on the petitioner and other six families residing in the same survey number. To the said notice, the petitioner had submitted her representation/objection in writing on 20.11.2020.

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When the Writ Petition is taken up for consideration, the learned Government Pleader appearing for the respondents submitted that the petitioner is an encroacher of Kuttai Poramboke land. Impugned notice was issued by the first respondent under Section 7 of the Tamil Nadu Land Encroachment Act. If any objection is given to the impugned notice, the same will be considered by the respondents and appropriate orders will be passed as per Section 6 of the Tamil Nadu Land Encroachment Act.

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In view of the above submissions made by the learned Government Pleader appearing for the respondents, this Court is constrained to pass the following order:

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The petitioner is directed to give a copy of the objections already said to have been given to the respondents, within one week from the date of receipt of a copy of this order and on receipt of the said objections, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, within 15 days thereafter, after affording an opportunity of personal hearing to the petitioner.

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

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With the above direction, the Writ Petition is disposed

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of. No costs. Consequently, W.M.P. is closed. Sd/Assistant Registrar (C.S.III)

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/True Copy/

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Sub Assistant Registrar
To
1. The Special Officer, Mugaiyur Panchayat & B.D.O,
Lathur (E) Pavunjur, Chengleput District-603 312.
2. The Assistant Engineer,
Public Works Department,
Irrigation Division,
Water Resource Organisation,
Sadras, Kalpakkam,
Chengleput District-603 102.
+1cc to Mr.V.Jayaprakash Narayanan, Advocate SR.No.3352
AKM/10.02.21 /3P-4C/
W.P.No.19918 of 2020
21.01.2021

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

Mrs.Shanthi v. Special Officer

Case brief

What is this about?

What did the court decide?

Mrs.Shanthi v. Special Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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