Petitioner claimed bequest under a will from the prior occupant of Corporation premises and sought to restrain eviction and sealing without complying with an earlier court order. The Court directed an enquiry into actual occupation and fresh TNPP Act proceedings with notice and hearing before resumption or damages recovery.
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W.P. No. 6422 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 6422 of 2024 and
W.M.P. No. 7143 of 2024
G.Venkatesh Raju
… Petitioner
-vs-
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from in any manner locking and sealing the property situated at Door No. 246, Wall Tax Road, Chennai - 600 003, by forcibly evicting the Petitioner from the subject property without complying the order dated 13.08.2010 passed by this Court in W.P. No. 13913 of 2010.
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For Petitioner : Mr. R.Abdul Mubeen For Respondents : Ms. K.Ashwini Devi
W.P. No. 6422 of 2024
O R D E R
Heard Mr. R.Abdul Mubeen, Learned Counsel for the Petitioner and Ms. K.Ashwini Devi, Learned Counsel, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
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W.P. No. 6422 of 2024
W.P. No. 13913 of 2010 before this Court and was disposed by order dated
13.08.2010, which reads as follows:-
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W.P. No. 6422 of 2024
| place | all her submissions by calling her for an enquiry and the |
|---|---|
| petit will |
ioner can participate in the enquiry. On doing so, the orders be passed. |
| 6. | In view of the above submissions made by the learned |
| Addi pass |
tional Advocate General, by consent the following order is ed: |
| (a) | The respondent shall cause notice to the petitioner by registered post with acknowledgment due, within a period |
| of two weeks from the date of receipt of a copy of this order, asking the petitioner to appear for the enquiry. |
|
| (b) | On receipt of the same, the petitioner is directed to appear before the respondent and place all her objections on the date of enquiry. |
| (c) | After hearing the petitioner and after considering the |
| objections, the respondent is directed to pass appropriate | |
| orders on merits and in accordance with law, within a period of three months thereafter. |
|
| (d) | If the orderpassed is adverse to thepetitioner, it is open to |
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W.P. No. 6422 of 2024
the petitioner to challenge the same in the manner known to law.
said K.Subburathanamma, who continued to be in occupation of the property, and had executed a will dated 05.11.2015 bequeathing that property in his favour, and long thereafter, the Notice in Proceedings in Ni.Ma.Vu.Thu.Na.Ka. No. E4/65887/2000 dated 02.11.2021 has been sent to the said K.Subburathanamma calling upon her to pay a sum or Rs. 34,000/- towards damages for use and occupation of the property for the period from 01.04.1989 to 31.03.2018 within seven days from the date of receipt of its copy and that the damages for use and occupation of the property for the period from 01.04.2018 to 31.03.2021 would be claimed later. In that backdrop, the Petitioner claims to have made a representation dated 13.01.2024 to the Second Respondent not to treat him as unauthorized occupant and further desist from levying damages
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W.P. No. 6422 of 2024
arbitrarily and has filed this Writ Petition on 08.02.2014 seeking to restrain the Respondents from in any manner locking and sealing the property by forcibly evicting him from that property without complying with the order dated 13.08.2010 in W.P. No. 13913 of 2010 passed by this Court.
and recovery of damages for use and occupation of the property for the relevant
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W.P. No. 6422 of 2024
period would have to be initiated following the prescribed procedure after due notice and affording full opportunity of personal hearing to him in consonance with the principles of natural justice.
In the result, the Writ Petition is disposed on the aforesaid terms.
Consequently, the connected Miscellaneous Petition is closed. No costs.
15.03.2024
Index: Yes/No NCC: Yes/No
Note: Issue order copy by 31.05.2024.
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To
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W.P. No. 6422 of 2024
P.D. AUDIKESAVALU, J.
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W.P. No. 6422 of 2024
15.03.2024
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1 issue framed by the court
Whether the respondents could lock, seal or forcibly evict the petitioner from the property without complying with the earlier order dated 13.08.2010 in W.P. No. 13913 of 2010.
2 provisions across 2 enactments
G.Venkatesh Raju
The Commissioner cum Estate Officer, Greater Chennai Corporation
The Joint Commissioner, North Zone cum Estate Officer, Greater Chennai Corporation
The Revenue Officer Land & Estate
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
