Disposed

Ms.Lakshmi v. Special Officer

Madras HC21 Jan 2021WP/19949/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition for a writ of Certiorari to quash an eviction notice. The court directed the respondents to obtain the petitioner's objections and provide a personal hearing before passing final orders on the merits of the encroachment claim.

What did the court decide?

Directed the respondents to obtain the petitioner's written objections, consider them with a personal hearing, and pass appropriate orders within 15 days.

Ms.Lakshmi Vs Special Officer — Public Procurement and Tenders | Madras HC (2021)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated: 21.01.2021

¶4

Coram:

¶5

THE HONOURABLE MR.JUSTICE R.SUBBIAH

¶6

and

¶7

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

¶8

W.P.No.19949 of 2020

¶9

and

¶10

W.M.P.No.24630 of 2020

¶11

Ms.Lakshmi, W/o Subramani .. Petitioner Vs.

¶12

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

¶13

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.

¶14

For petitioner : Mrs.Lita Srinivasan For respondents : Mr.V.Jayaprakash Narayanan, Govt. Pleader

¶15

ORDER (The Order of the Court was made by R.Subbiah, J)

¶16

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.

¶17

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. https://hcservices.ecourts.gov.in/hcservices/ She is residing with her son and his family and is eking out her livelihood as Daily Wage Labourer. Along with her, there are six

¶18

¶19

other families which are living in the same Survey Number. The petitioner's family is in possession of the said property for over 40 years. They have also sought for Patta through Jamabandi. It is further stated by the petitioner that they 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 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 Kuttai 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.

¶20

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.

¶21

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:

¶22

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.

¶23

With the above direction, the Writ Petition is disposed of. No costs. Consequently, W.M.P. is closed. Sd/Assistant Registrar (C.S.III)

¶24

/True Copy/

¶25

Sub Assistant Registrar

¶26

¶27

The Special Officer, Mugaiyur Panchayat & B.D.O, Lathur (E) Pavunjur, Chengleput District-603 312. https://hcservices.ecourts.gov.in/hcservices/

¶28

¶29

The Assistant Engineer, Public Works Department, Irrigation Division, Water Resource Organisation, Sadras, Kalpakkam, Chengleput District-603 102.

¶30

AKM/10.02.21 /3P-3C/

¶31

W.P.No.19949 of 2020 21.01.2021

¶32

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

Ms.Lakshmi v. Special Officer

Case brief

What is this about?

What did the court decide?

Ms.Lakshmi v. Special Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Andi Vs Shankar

Mahindra Lifespace Developers Ltd. Vs Pankaj Kumar Bansal, I.A.S.

Chinnamani Vs Sivakumar

Mrs.Shanthi Vs Special Officer

Mr.Muthu, Vs Special Officer

Mr.Gangadharan Vs Special Officer