THANGAMUTHAMMAL Vs. ASSISTANT DIVISIONAL ENGINEER, HIGHWAYS AND RURAL WORKS AND JUNIOR ENGINEER, HIGHWAYS, RADHAPURAM

JUDGEMENT

(1.) The Petitioner seeks a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice of the first Respondent, dated 31.05.2010, to quash the same and to forbear the Respondents from evicting the Petitioner from the house site in S. No. 302/2, Erumaikulam, Tisayanavilai Village, Radhapuram Taluk, Tirunelveli District.

(2.) The case of the Petitioner is that she is residing in the house situated in Survey No. 302/2 in Tisayanavilai Village for a long time, which is put up by her. Earlier, challenging the eviction notice, the Petitioner has filed a Writ Petition in W.P. No. 9417 of 2007 stating that her application for issuance of patta as per G.O. Ms. No. 948 (Revenue), dated 05.09.2007 is pending before the Revenue Divisional Office, Cheranmahadevi. By order dated 28.11.2007, the said Writ Petition was disposed of with a direction to the Respondents to consider the application of the Petitioner for grant of house site patta. In the said order it is further observed that till such patta is issued by the competent authority, the Respondents shall keep the eviction proceedings in abeyance.

(3.) In the impugned notice, the Respondents referred to the order of the High Court made in W.P. No. 2555 of 2009, wherein one P.T. Pauldurai has filed the writ petition seeking for a direction not to issue patta in favour of the Petitioner herein. The Division Bench dismissed the Writ Petition by stating that it is no concern of the said P.T. Pauldurai to seek adjudication on the issue in the guise of the Writ Petition and also directed the authorities to consider the claim of the Writ Petitioner on its own merits. The impugned notice has been issued to the Petitioner, by referring to the order made in W.P. No. 2555 of 2009, calling upon her to remove the encroachment.