Writ petition filed by a claimant of Tsunami Quarters property seeking injunction against eviction. The court held that without an allotment order, occupation was illegal, and dismissed the petition.
The writ petition seeking injunction against eviction and directions to pass orders was dismissed with no costs awarded.
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.
W.P.No.7997 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.7997 of 2020 And W.M.P.No.9438 of 2020
K.Raman
... Petitioner
Vs.
... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents and other officials from dispossessing or evicting the petitioner and his family from the property situates at door No.44, Tsunami Quarters, Pudhukuppam Village, Nallavadu Post, Pudhucherry and directing the second respondent to stipulate appropriate time limit to respond
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W.P.No.7997 of 2020
against the orders proposed to be passed in pursuant to show cause notice received on 01.02.2020 issued by the second respondent and for other orders.
For Petitioner : Mr.P.G.Thiyagu For Respondents : Mr.J.Kumaran Additional Government Pleader (P)
O R D E R
The petitioner has filed this writ petition seeking issuance of
Writ of Mandamus forbearing the respondents and other officials from dispossessing or evicting the petitioner and his family from the property situated at Door No.44, Tsunami Quarters, Pudhukuppam Village, Nallavadu Post, Pudhucherry and directing the second respondent to stipulate appropriate time limit to respond against the orders proposed to be passed in pursuant to show cause notice received on 01.02.2020 issued by the second respondent.
2.The learned counsel appearing for the petitioner submitted that the petitioner is affected by Tsunami and he was identified as eligible person and was allotted with the subject property, however, the respondents arrived at a conclusion that the petitioner is in unauthorized occupation of the property and issued show cause notice. The petitioner submitted his reply, however, the respondents without
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W.P.No.7997 of 2020
passing any order is trying to evict the petitioner. Hence, this Court may issue direction to the respondents to pass appropriate orders pursuant to the show cause notice.
3.The learned Additional Government Pleader (Puducherry) appearing for the respondents submitted that as of now, no allotment order was made in favour of the petitioner and the petitioner is illegally occupying the Tsunami Quarters which is entitled for eligible persons affected by Tsunami.
4.Heard the arguments advanced on either side and perused the materials available on record.
5.The petitioner claim that the petitioner is affected by Tsunami and he was identified as eligible person and was allotted with the subject property, however, the petitioner has not produced any allotment order or any other evidence before this Court to substantiate that the subject property has been allotted in his favour. Without any allotment order, occupying the Tsunami Quarters which is entitled for eligible persons affected by Tsunami is illegal. Hence, the prayer sought for in this writ petition cannot be granted.
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W.P.No.7997 of 2020
M.DHANDAPANI,J.
pri
6.The writ petition is accordingly dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
01.06.2023
pri
Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No
To
W.P.No.7997 of 2020
And W.M.P.No.9438 of 2020
01.06.2023
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3 issues framed by the court
Whether a Writ of Mandamus should be issued to restrain eviction of a petitioner who claims eligibility for Tsunami Quarters allotment but has not produced an allotment order.
Whether occupying Tsunami Quarters without a formal allotment order constitutes illegal occupation justifying eviction.
Whether the writ petition challenging the proposed eviction order should be allowed or dismissed.
1 provisions across 1 enactments
K.Raman
The District Collector, Puducherry District
The Deputy Collector (Revenue) North – Cum – Estate Officer
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
