Senthamarai v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY SENTHAMARAI .. Petitioner Vs

1. THE GENERAL MANAGER SOUTHERN RAILWAYS, HEADQUARTERS NGO ANNEXE, PARK TOWN, CHENNAI - 600 003.

2. THE SENIOR SECTION ENGINEER (P-WAY) SOUTHERN RAILWAYS BOMMIDI - 635 301.

3. THE SENIOR DIVISIONAL ENGINEER DIVISIONAL OFFICE, WORKS BRANCH SALEM - 636 005.

4. THE DISTRICT COLLECTOR COLLECTOR'S OFFICE SALEM.

5. THE THASILDAR TALUK OFFICE KADAYAMPATTI TALUK SALEM DISTRICT.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for records the second respondent relating to the impugned notice dated 13.05.2023 bearing No.M/No.BQ1/14/Encroach/01, consequentially also quash the impugned proceedings of the third Respondent dated 04.10.2023 bearing No.SA/W/ Encroachment/LCR.

For the Petitioner : Ms.Thanga Vadhana Balakrishnan For the Respondents : Mr.Venkataswamy Babu Senior Panel Counsel for respondents 1 to 3 : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 4 and 5

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Ms.Thanga Vadhana Balakrishnan, learned counsel for the petitioner; Mr.M.Venkataswamy Babu, learned Senior Panel Counsel for respondents 1 to 3; Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondents 4 and 5.

2. Learned counsel for the petitioner submits that the notice is issued to the petitioner on 13.5.2023 directing her to vacate the land within 15 days. Learned counsel submits that no show cause notice was issued to the petitioner. The petitioner is occupying the said land since decades.

3. The petitioner could not demonstrate that she has title over the said land. According to the respondents, the land belongs to the Railways.

4. If an order of eviction or removal of encroachment is passed, then the petitioner has a remedy of appeal, as contended by learned counsel for the respondents.

5. However, it does not appear that before the final order was passed a show cause notice was ever issued to the petitioner.

6. In the light of that, we pass the following order:

(i) The impugned notice dated 13.5.2023 shall be construed as a show cause notice;

(ii)The petitioner shall file a reply within eight days to the said show cause notice;

(iii)The respondents shall consider the reply filed by the petitioner and take a decision afresh with regard to the unauthorized occupation of the petitioner or otherwise.

With these observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.30453 and 30454 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index :

Yes/No Yes/No sasi

To:

1. THE GENERAL MANAGER SOUTHERN RAILWAYS, HEADQUARTERS NGO ANNEXE, PARK TOWN, CHENNAI - 600 003.

2. THE SENIOR SECTION ENGINEER (P-WAY) SOUTHERN RAILWAYS BOMMIDI - 635 301.

3. THE SENIOR DIVISIONAL ENGINEER DIVISIONAL OFFICE, WORKS BRANCH SALEM - 636 005.

4. THE DISTRICT COLLECTOR COLLECTOR'S OFFICE SALEM.

5. THE THASILDAR TALUK OFFICE KADAYAMPATTI TALUK SALEM DISTRICT.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 20.10.2023