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Jayaammal vs 5 The Village Administrative ...

Madras High Court|28 March, 2017

JUDGMENT / ORDER

(Order of the court was made by HULUVADI G.RAMESH, ACJ.) Heard the learned counsel appearing for the petitioner and Mr.T.N.Rajagopalan, learned Special Government Pleader, who takes notice on behalf of the respondents.
2. The writ petition has been filed seeking issuance of a writ of certiorari to call for the records pertaining to the show case notice of the 3rdrespondent herein passed in Tamil Nadu National Highways Department 2001 in year rule ( Tamil Nadu Government 2002 in year 34 rule) under sec.28.2(ii) dated 27.02.2017 and quash the same.
3. According to the petitioner, she is residing in the premises in question for many years and now, she is issued with the impugned eviction notice under section 28(2) (ii) of the Tamil Nadu Highways Act, 2002 on the ground that the land belongs to Highways. But, now she is demanding an alternative accommodation to be provided.
4. However, having admitted that it is an encroachment, the petitioner is seeking alternative accommodation which cannot be entertained at this stage without there being a scheme. However, it is for the petitioner to apply for such allotment if any scheme is formed. The petitioner shall hand over the vacant possession to the respondents within one month from the date of receipt of a copy of this order. Till then, no coercive steps shall be taken against the petitioner. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.
(H.G.R.,ACJ.)(T.K.R.,J.) 28.3.2017.
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Title

Jayaammal vs 5 The Village Administrative ...

Court

Madras High Court

JudgmentDate
28 March, 2017