T.G. RAMAMOORTHY Vs. ESTATE OFFICER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner in the nature of mandamus to forbear the 1st respondent namely the Estate Officer, Southern Railway, Madras Division, Park Town, Chennai - 600 003 and the second respondent namely, the Senior Section Engineer, Permanent Way/Tambaram, Southern Railway, Chennai - 600 045 from dispossessing the petitioner from the land in S.No.25A/1A2 situated at Urapakkam Village, Chengalpattu Taluk & District, measuring an extent of 0.09.00 Hec.

(2.) The petitioner claims that he is the owner of the said land. It is stated that by proceedings of the Special Tahsildar (Land Acquisition), dated 02.08.2004, in S.No.25A/1A1, land measuring an extent of 20 cents and in S.No. 25A/1B, land measuring an extent of 1 1/2 cents were acquired for the purpose of broad-gauge conversion and the compensation was also paid to the petitioner. Thereafter, on 31.05.2019, the impugned order has been passed under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

(3.) The grievances of the petitioner is that this notice was issued to the son of the petitioner, namely, T.G.R.Babu and not to the petitioner. In the affidavit filed in support of the writ petition, the writ petitioner has claimed that he is residing at No.3, South Street (Ward 31), Tambaram West, Chennai - 600 045. The impugned notice was also served on the said address namely No.3, South Street (Ward 31), Tambaram West, Chennai - 600 045. The first respondent / Estate Officer, in the eviction notice dated 31.05.2019 has stated that TGR Babu and all other persons who may be in occupation of the Premises at km.37/18-22 (Chainage 37/500-600) at S.No. 177 left hand side of Down line near Urapakkam for an area of 6.46.9 sqm should vacate the premises within 15 days from the date of publication of the order.