Kadijath Zulaika v. The Assistant Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.No.29273 of 2018, WMP Nos.34197 and 34199 of 2018 Kadijath Zulaika

...Petitioner

-vsThe Assistant Engineer PWD, Water Resource Department, Cooum River Division, Cooum River Basin, Chepauk, Chennai - 600 005.

.... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to quash the proceedings pursuant to the notice dated 9.10.2018 issued by respondent under Section 7 of the Land Encroachment Act III of 1905.

For Petitioner : Mr.S.Pugaleanthi For Respondent : Ms.M.Lalitha Government Advocate

O R D E R

[Order of the Court was delivered by K.K.SASIDHARAN,J.] By consent, the writ petition is taken up for disposal during the time of admission.

2. Heard Mr.S.Pugaleanthi, learned counsel for the petitioner and Ms.M.Lalitha, learned Government Advocate on behalf of the respondent.

3. The notice issued to the petitioner under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as the "Act") is under challenge in this writ petition.

4. The respondent initiated proceedings under Section 7 of the Act, treating the petitioner as an encroacher in respect of https://hcservices.ecourts.gov.in/hcservices/

the land in Block No.58, Egmore Village. The petitioner is yet to submit her objection to the notice issued under Section 7 of the Act.

5. We grant time till 30 November 2018 to submit objection to the notice issued under Section 7 of the Act. The respondent is directed to consider the objection in an objective manner and pass appropriate orders on merits and as per law. Status Quo as on today shall be maintained till orders are passed by the respondent.

6. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar svki To The Assistant Engineer PWD, Water Resource Department, Cooum River Division, Cooum River Basin, Chepauk, Chennai - 600 005.

+1cc to Mr.S.Pugaleanthi, Advocate sr.no.75631 W.P.No.29273 of 2018 gmi(co) nr 07/01/2019 https://hcservices.ecourts.gov.in/hcservices/