KALPANA Vs. EXECUTIVE ENGINEER CUM ADMINISTRATIVE OFFICER, TIRUNELVELI DIVISION, TAMIL NADU STATE HOUSING BOARD

JUDGEMENT

(1.) This Writ Appeal is filed against the order made in W.P.(MD) No. 8857 of 2005, wherein the learned Single Judge dismissed the Writ petition filed by the Appellant seeking to quash the notice issued on 25.08.2005 with a further prayer forbearing the Respondent, his servants, men or agents, subordinates from interfering with the possession of the Petitioner or from demolishing the building constructed in Plot No. 17 Megaraja Nagar, B Colony, comprised in Survey No. 178/2 in Keezhanatham Village, Palayamkottai Taluk, Tirunelveli District.

(2.) The learned Single Judge dismissed the Writ petition, granting liberty to the Appellant to move the Civil Court by establishing her title to the property.

(3.) The learned Counsel for the Appellant submitted that the Appellant is having title with the property and she is willing to file a civil suit to establish the same. However, even assuming that the Appellant is an encroacher, Act 84(2) of the Tamil Nadu Housing Board Act, contemplates issuance of notice before evicting a person, who is in possession of the land. Act 84(2) reads as follows: