P.Sekar Vs the District Collector

Call for the records relating to impugned Notice No M/W 234 / Ench / AB - PCKM / 01 dated 24.06.2024, passed by the 5th respondnet, and quash the same as illegal and without jurisdiction and to consequently direct the respondnets to re-survey the lands comprised in survey No 8 part A, B and C and survey No 10 part at Ward / Block A6 between railway kms 178 / 350 178 / 450 between pachakuppam and Ambur Railway station ambur Taluk, Tirupattur District in presence of the petitioner within a tiem frame fixed by this Honble Court

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For Petitioner(s): Mr.Harshavarthan G For Respondent(s): Mr.T.Arunkumar, Addl.G.P. for r1 to R3 Mr.B.Rabu Manohar, SCGC For R5 Mr.M.Marimuthu, for R6

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Order

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(Order of the Court was made by S.M.Subramaniam J.)

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The notice issued under Section 5(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 dated 24.06.2024, is under challenge in the present writ petition.

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The Estate Officer, Railways, issued notice by invoking the

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powers conferred on him under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The notice would indicate that the petitioner has encroached upon the properties belonging to the

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Railways.

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Learned Standing Counsel for the Railways would submit that a joint survey was conducted and encroachments are identified and the petitioner, by encroaching upon the railway property, is using the same for commercial purpose. Thus, action has been initiated to evict the petitioner.

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Learned counsel for the petitioner would submit that a fresh survey is to be conducted, since he owns land in T.S.No.9. He admits that T.S.Nos.8 and 10 belongs to Railways Department.

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If at all the petitioner claims title or ownership in respect of any portion of the land, the authorities have to issue notice in respect of his own land and he has to approach the competent civil court of law to establish his title or ownership. However, the Division Bench of this Court, on earlier occasion, passed an order on 31.07.2024 in W.P.No.19086 of 2024, to commence the enforcement action for eviction of encroachment.

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Be that as it may, the Estate Officer issued statutory show cause

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notice under the provisions of the Public Premises (Eviction of

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Unauthorized Occupants) Act, and thus, the petitioner is at liberty to submit his explanation, if any, within a period of 10 days from today and on receipt of any such representation, the same shall be considered and a final decision shall be taken by following the procedures as contemplated under the Act. Thereafter, the encroachers shall be evicted in the manner known to law.

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