VIJAYALAKSHMI Vs. APPELLATE AUTHORITY,

JUDGEMENT

(1.) THIS writ appeal has been preferred by the appellant-writ petitioner against the order dated 22.03.2012 passed in W.P.No.26894 of 2007, whereby the learned single Judge dismissed the writ petition filed by the writ petitioner.

(2.) THE aforesaid writ petition was filed for a writ of certiorari to call for the records of the 1st respondent District Judge, the Nilgiris (Appellate Authority) relating to the order passed in C.M.A.No.16 of 2006 dated 19.07.2007.

(3.) WHILE being so, on 28.09.2006, the appellant-writ petitioner was issued with a show cause notice by the 2nd respondent under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. She was directed to attend a personal hearing on 12.10.2006. On 12.10.2006, she filed a detailed objection to the show cause notice questioning the very authority of the 2nd respondent to issue such show cause notice, as the land in question does not belong to the railways. She has also produced the B Memo Charges levied by the revenue authorities in respect of the land in question. According to the appellant-writ petitioner the 2nd respondent received her objections, but did not give her an opportunity to put forward her case in detail during the personal hearing. By the order dated 27.10.2006 the 2nd respondent declared the appellant-writ petitioner as a trespasser of the land belonging to the railways.