R.Prabhakaran v. Union Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 3.9.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.1836 & 1837 of 2018 and C.M.P.No.14765 & 14766 of 2018 R.Prabhakaran Appellant in WA 1836 of 2018/Petitioner in W.P Mr.ENRP.Thangavelu Appellant in WA 1837 of 2018/Petitioner in W.P

Versus

1 Union Government of India rep by the secretary Ministry for Steel and Mines Udyog Bhavan New Delhi-110107 2 The Chairman Steel Authority of India Ltd Ispat Bhavan Lodhi Road New Delhi-110103 3 The Executive Director Salem Steel Plant/ SAIL Salem-636030 4 The Assistant General Manager (The Estate Manager)(T.A.) & CSR Salem Steel Plant/ SAIL Salem-636030 ..Respondents in both cases/Repondents in W.P. Prayer: Writ Appeals filed under Clause 15 of the Letters Patent against the order dated 23.5.2018 passed in W.P.No.12820 and 12821 of 2018 on the file of this court.

W.P.No.12820 & 12821 of 2018:

Petitions filed under Article 226 of the constitution of India praying for issuance of a Writ of certiorari calling for the entire records relating to the impugned order dated 08.05.2018 calling for entire records relating to the impugned order dated in ref. No. TA2(4) from the file of the 4th respondent and quash the same.

For appellants : Mr.V.Sekar For respondents : Mr.J.Madhanagopal Rao

COMMON JUDGMENT (Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellants and Mr.J.Madhanagopal Rao, learned Standing Counsel, who takes notice on behalf of the respondents.

2. It is in respect of non-vacating of the premises by the employees of the Salem Steel Plant/SAIL, on their superannuation, eviction proceedings was initiated under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which they challenged in the writ petition and failed in their attempt to quash the impugned eviction proceedings.

3. It appears that both the appellants have been squatting on the property for nearly three years even after their superannuation and still, as against order passed by the learned Single Judge rejecting their claim while granting some time to vacate the premises, the writ petitioners are before this court.

4. Having heard the learned counsel appearing for the parties and perused the materials available on record we do not find any illegality or infirmity in the order passed by the learned Single Judge. However, while dismissing the writ appeals, we extend the time to vacate and hand over the premises by one month from the date on which a copy of this judgment is made ready. In the event of failure on the part of the appellants to vacate the premises within such time, we make it clear that the authorities are at liberty to proceed in accordance with law and take coercive steps to evict the appellants. No costs. The connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar ssk.

To:

1 Union Government of India rep by the secretary Ministry for steel and Mines Udyog Bhavan New Delhi-110107

2 The Chairman Steel Authority of India Ltd Ispat Bhavan Lodhi Road New Delhi-110103 3 The Executive Director Salem Steel Plant/ SAIL Salem-636030 4 The Assistant General Manager (The Estate Manager) (T.A.) & CSR Salem Steel Plant/ SAIL Salem-636030 +2 Ccs to Mr.J. Madana Gopal Rao, Advocate sr 60444 & 60445. +2 Ccs to Mr.V. Sekar, Advocate sr 60717 & 60718. W.A.No.1836 & 1837 of 2018 SKV(CO) SP(12/10/2018)