KALIVARATHAN Vs. COMMISSIONER

JUDGEMENT

(1.) Heard both the learned counsel appearing for the petitioner as well as the learned counsel appearing for the second respondent. This writ petition has been filed under Article 226 of the Constitution of India seeking an order in the nature of Certiorari, calling for the records pertaining to the Judgment, dated 27.01.2006 made in M.A. No. 2 of 2004 on the file of the third respondent herein.

(2.) The petitioner has stated that he is in occupation of premises in R.S. No. 291/2, measuring an extent of 0.19.00 hectares in Kalitheerthalkuppam village for about 30 years. All of a sudden, the second respondent issued Form - A notice, dated 19.09.2003 to the petitioner to show cause, why an order of eviction should not be made and the petitioner filed a detailed written statement, whereby raised his objection to the second respondent not to evict him from the land. According to the petitioner, he is in continuous possession over 30 years and paying necessary taxes to the Government and further the second respondent passed an order in Form B, dated 27.11.2003, directing the petitioner to vacate and hand over the possession within 30 days from the date of the order.

(3.) Aggrieved by the order passed by the second respondent, the petitioner herein preferred an appeal in M.A. No. 2 of 2004 under Section 9(2)(a) of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as an Act), before the third respondent, the II Additional District Judge, Pondicherry. After considering the oral and documentary evidence, the third respondent by judgment dated 27.01.2006 dismissed the appeal. Aggrieved by which, the writ petition has been preferred by the petitioner herein.