Disposed

Pitchai.C v. the Dist.Collector

Madras HC10 Nov 2021WP(MD)/20107/2021

Case brief

AI extract

What is this about?

This petition challenged an eviction notice issued by the Highways Department. The Court directed the authorities to consider the petitioners' objections and the proposal of alternate accommodation before passing an eviction order. Status quo was maintained for six weeks during the enquiry.

What did the court decide?

Direct respondents to consider petitioners' objections and alternate accommodation proposal before eviction; maintain status quo for six weeks.

Pitchai.C Vs the Dist.Collector — Landlord and Tenant | Madras HC (2021)

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W.P(MD)No.20107 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.11.2021

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THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN

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W.P(MD)No.20107 of 2021 and W.M.P(MD)No.16808 of 2021

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1.C.Pitchai

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2.S.Solaimuthu

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3.R.Chinnapillai

4.R.Pappu

5.D.Kaladevi

6.V.Ayinampillai

7.S.Rajeswari

8.R.Amutha

...Petitioners

Vs.

1.The District Collector Collectorate Building, Tiruchirappalli District.

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2.The District Revenue Officer, Collectorate Building, Tiruchirappalli District.

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3.The Revenue Divisional Officer, Divisional Office, Paramasivapuram, Lalgudi Taluk, Tiruchirappalli District.

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4.The Tahsildar Taluk Office, Manachanallur Taluk.

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5.The Divisional Engineer (Highways), Office of the Divisional Engineer (Highways), Highways Department, Tiruchirappalli District.

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6.The Assistant Divisional Engineer (Highways), Office of the Divisional Engineer (Highways) Highways Department (Construction and maintenance) Lalgudi Taluk, https://hcservices.ecourts.gov.in/hcservices/ Tiruchirappalli.

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W.P(MD)No.20107 of 2021

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7.The Assistant Engineer (Highways), Office of the Divisional Engineer (Highways), Highways Department (Construction and Maintenance) Manachanallur Taluk,

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Tiruchirappalli District. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Notices issued by the sixth respondent herein in his Proceedings Na.Ka.No.1/2021/A1/ dated 23.09.2021 and quash the same as illegal and consequently direct the Respondents No. 1 to 4 to issue House Pattas in respect of house property belongs to petitioners comprised in Survey No. 175/1 situated at Ayakkudi Village Panjayat (Melavangaram), Manachanallur Taluk, Tiruchirappalli District, as per G.O.(Ms) No.465 Revenue and Disaster Management Department, dated 27.11.2018 by considering the petitioners' representation dated 04.10.2021.

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For Petitioners : Mr.C.Abulkalam Azad

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For Respondents : Mr.B.Saravanan Government Advocate

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O R D E R

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(Order of the Court was made by PUSHPA SATHYANARAYANA,J.)

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Mr.B.Saravanan, learned Government Advocate accepts notice on behalf of all the respondents.

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By consent of parties, the main Writ Petition is taken up for final disposal.

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3.This Writ Petition is directed against the notice of eviction issued by the Highways Department against the petitioners, which is dated 23.09.2021.

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4.The Writ Petitioners have also sent their objections on 04.10.2021. The same is yet to be considered by the authorities. In the meanwhile, fearing eviction, the present writ petition has been filed.

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5.Therefore, we feel that it would suffice to give a direction to the respondents to consider the objections of the petitioners/ individuals before passing the order of eviction. In the event, if there is any proposal for providing alternate accommodation to the residents, the same may also be considered by https://hcservices.ecourts.gov.in/hcservices/ the officials concerned. The entire exercise shall be completed

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W.P(MD)No.20107 of 2021

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within a period of six weeks from the date of receipt of a copy of this order. Till such time the enquiry is conducted and completed, the status-quo as on today will continue.

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6.With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar (CS-III)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The District Collector Collectorate Building, Tiruchirappalli District.

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2.The District Revenue Officer, Collectorate Building, Tiruchirappalli District.

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3.The Revenue Divisional Officer, Divisional Office, Paramasivapuram, Lalgudi Taluk, Tiruchirappalli District.

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4.The Tahsildar Taluk Office, Manachanallur Taluk. 5.The Divisional Engineer (Highways), Office of the Divisional Engineer (Highways), Highways Department, Tiruchirappalli District.

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

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W.P(MD)No.20107 of 2021

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6.The Assistant Divisional Engineer (Highways), Office of the Divisional Engineer (Highways) Highways Department (Construction and maintenance) Lalgudi Taluk, Tiruchirappalli.

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7.The Assistant Engineer (Highways),

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Office of the Divisional Engineer (Highways), Highways Department (Construction and Maintenance) Manachanallur Taluk, Tiruchirappalli District.

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+1 CC to M/s.SPL.GP ( SR-34259[F] dated 12/11/2021 )

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+9 CC to M/s.C.ABUL KALAM, Advocate (SR-34059[F] dated 11/11/2021 )

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W.P(MD)No.20107 of 2021 10.11.2021

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RK/NS(24/11/2021) 4P 18C

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

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Pitchai.C v. the Dist.Collector

Case brief

What is this about?

What did the court decide?

Pitchai.C v. the Dist.Collector

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

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