S.Senthil v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.12785 of 2018 S.Senthil ... Petitioner /Vs./ The Executive Engineer, Public Works Department, Kallanai Canal Division, Thanjavur.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the respondent in his proceedings in Ko.No. 2107-1/2017-18/Tha 1 dated 24.05.2018 and quash the same as illegal and consequently forbearing the respondent from in any manner disturbing the petitioner's peaceful possession and enjoyment of the property situated in 2942/2 and having No. 144 A at Public Works Department Compound, Muthukumara Moopanar Salai, Thanjavur. 1/4

For Petitioner : Mr.J.Parekhkumar For Respondent : Mr.D.Gandhiraj Special Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the respondent dated 24.05.2018 thereby rejected the petitioner's request for extension of lease and also directed to vacate the premises and hand over the vacant possession within a period of one month.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. In view of the interim order passed by this Court, the petitioner continued in possession and enjoyment of the vacant land situated in S.No.2942/2 and having No.144 A at Public Works Department Compound, Muthukumara Moopanar Salai, Thanjavur, for the past six years. That apart, the subject property is a Public Works Department's property and a part of the land is specified as 'Miscellaneous Place' in the 2/4

Public Works Department. Therefore, the lease cannot be extended for further period to the petitioner.

4. In view of the above, this Court finds no infirmity or illegality in the impugned order passed by the respondent. This writ petition is dismissed accordingly. The petitioner is directed to vacate and hand over the vacant possession of the subject premises forthwith, failing which the respondent is at liberty to take appropriate action as against the petitioner in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

22.11.2024 Index : Yes / No NCC : Yes / No Sm TO:- The Executive Engineer, Public Works Department, Kallanai Canal Division, Thanjavur.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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