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Madras High CourtWP(MD)/7502/2016dismissed

A.Rani Muthu Krishna, v. The Secretary To The

2016-12-15Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.7502 of 2016 A.Rani Muthu Krishna .. Petitioner Vs.

1. The Secretary to the Government, Ministry of Education, Government of Tamil Nadu, Chennai.

2. The District Collector, Virudhunagar District, Virudhunagar.

3. The Chief Educational Officer, Office of the Chief Educational Officer, At District Collectorate, Virudhunagar.

4. The District Elementary Educational Officer, Office at District Collectorate, Virudhunagar.

5. The Assistant Elementary Educational Officer, No.91, Nadaka Salai Street, Srivilliputhur, Virudhunagar District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 4th and 5th respondents herein to vacate the Elementary Educational Office from the petitioner's house property at Door No.91, Nadakasalai Street, Srivilliputhur Town, Srivilliputhur, Virudhunagar District, within the stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.R.Thamothar Raj For Respondents : Mr.C.Selvaraj Special Government Pleader ***

O R D E R

This Writ petition is filed seeking for eviction of the 4th ad 5th respondents from the premises belonging to the petitioner which is admittedly rendered on lease to the respondents 4 and 5 to run their office.

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2. Needless to say that this Writ jurisdiction is not to be invoked to seek for civil remedies, more particularly, for

eviction of the tenants, as it is for the petitioner to approach the competent forum and file an appropriate petition for seeking eviction. Therefore, I find that the present Writ petition is totally misconceived.

3. Accordingly, without expressing any view on merits and the contentions raised by the parties, the Writ petition is dismissed, however, by granting liberty to the petitioner to approach the competent forum for filing eviction petition. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Secretary to the Government, Ministry of Education, Government of Tamil Nadu, Chennai.

2. The District Collector, Virudhunagar District, Virudhunagar.

3. The Chief Educational Officer, Office of the Chief Educational Officer, At District Collectorate, Virudhunagar.

4. The District Elementary Educational Officer, Office at Distrit Collectorate, Virudhunagar.

5. The Assistant Elementary Educational Officer, No.91, Nadaka Salai Street, Srivilliputhur, Virudhunagar District.

+1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.81383 W.P.(MD)No.7502 of 2016 15.12.2016 pmu rum/ck/03.01.2017/2p/7c https://hcservices.ecourts.gov.in/hcservices/