S.Sekar v. The Estate Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.10262 of 2022 and W.M.P.Nos.9972 & 9973 of 2022 S.Sekar ... Petitioner Vs
1. The Estate Officer, Additional Divisional Railway Manager, DRM Office, Chennai Division, Southern Railway, Chennai - 600003.
2. The Tahsildar, Office of the Tambaram Tahsildar, Tambaram, Chennai - 600045.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for records of the 1st respondent dated 08.04.2022 and made in No.M/W234/ Ench-PRGL new / 18 in Form A notice under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and quash the said notice issued by the 1st respondent as illegal and without jurisdiction.
For Petitioner : Mr.ARL. Sundaresan, Senior Counsel For Mr.G.Ravi Sankar For R1 : Mr.K.Srinivasamurthy Central Government Standing Counsel For R2 : Mr.TNC Kaushik Additional Government Pleader.
O R D E R
Mr.K.Srinivasamurthy, learned Central Government Standing Counsel accepts notice for the answering respondent i.e. R1 and Mr. TNC Kaushik, learned Additional Government Pleader accepts notice for R2 and both learned counsel are in receipt of sufficient instructions for final disposal of the matter.
2. The challenge is to the show cause notice issued in Form-A calling upon the petitioner to produce evidence in regard to their occupation of land at No.1, Kamarajar High Road, Pudhu Perungalathur, Chennai - 600 063, 6.00 Sq.m, which, according to https://hcservices.ecourts.gov.in/hcservices/
R1, belongs to the Railways.
3. Since the impugned communication is only a notice calling upon the petitioner to appear and there is no perversity in regard to the same, I am not inclined to interfere with the same and the petitioner will appear on the said date.
4. Learned counsel who has accepted notice for the answering respondent, i.e. R1, assures the Court that proceedings will be conducted bearing in mind principles of natural justice, in accordance with law and all applicable rules and regulations.
5. This would suffice to assuage the apprehensions of the petitioner in regard to following due process.
6. This Writ Petition is disposed as above. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Jeni/Ska To
1. The Estate Officer, Additional Divisional Railway Manager, DRM Office, Chennai Division, Southern Railway, Chennai - 600003.
2. The Tahsildar, Office of the Tambaram Tahsildar, Tambaram, Chennai - 600045.
+2cc to Mr.G.Ravi Sankar, Advocate, S.R.No.27894 +1cc to Mr.K.Srinivasamurthy, Advocate, S.R.No.28140 +1cc to the Government Pleader, S.R.No.28914 W.P.No.10262 of 2022 & W.M.P.Nos.9972 & 9973 of 2022 NRJH(CO) CT 27/05/2022 https://hcservices.ecourts.gov.in/hcservices/