Sureka Bibi, v. The Divisional Railway Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2013 Sureka Bibi ... Petitioner Vs.
1.The Divisional Railways Manager, Divisional Office, Works Branch, Southern Railway, Tiruchirappalli.
2.The Divisional Engineer/Central, Tiruchirappalli Junction, Divisional Office, Southern Railway, Tiruchirappalli.
3.The Section Engineer/W(A), having Office at Golden Rock, Southern Railway, Tiruchirappalli.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order, dated 25.03.2013, passed in 1/5
C.M.A.No.7 of 2012 on the file of the Principal District Judge, Trichy (Appellate Authority) and the proceedings of the second respondent in ADEN/W&S/GOC, dated 05.01.2012 and quash the same. For Petitioner : M/s.M.Saravanan For Respondents : M/s.L.Victoria Gowri Deputy Solicitor General of India
ORDER
The present Writ Petition has been filed challenging an order passed in the statutory C.M.A.No.7 of 2012 arising out of Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
2. According to the learned Counsel for the petitioner, the petitioner's husband one Adamkutty was allotted plot No.8 in and around Tiruchirappalli Railway Junction for running a tea stall. After his death, the petitioner was running the said tea stall. However, the lease was terminated and proceedings were initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. An order was passed by the competent authority on 05.01.2012, directing the writ petitioner to vacate and hand over the vacant possession to the respondent Railways. The said order was challenged in C.M.A.No.7 of 2012 before the 2/5
Principal District Court, Tiruchirapalli. The learned Principal Judge was pleased to dismiss the appeal on 25.03.2013. The said order is under challenge in the present writ petition.
3. According to the learned Deputy Solicitor General of India appearing for the respondent Railways, the petitioner and her son have vacated the said plot and handed over the possession to the Railways in January 2012 itself. The learned Deputy Solicitor General of India has also produced letters to the effect, written by the son of the writ petitioner herein.
4. In view of the above said fact that the petitioner and her son have already vacated the said plot and handed over the vacant possession to the respondent Railways, no further adjudication is called for in the present writ petition. The writ petition stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
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Index :
Yes / No Internet :
Yes / No btr To 1.The Divisional Railways Manager, Divisional Office, Works Branch, Southern Railway, Tiruchirappalli.
2.The Divisional Engineer/Central, Tiruchirappalli Junction, Divisional Office, Southern Railway, Tiruchirappalli.
3.The Section Engineer/W(A), having Office at Golden Rock, Southern Railway, Tiruchirappalli.
4/5
R.
VIJAYAKUMAR , J.
btr Order made in 17.10.2022 5/5