M.MOTCHA ALANGARAM Vs. ESTATE OFFICER

JUDGEMENT

(1.) Challenging the impugned order dtd. 26/6/2018 issued by the first respondent Estate Officer in No.T/W274/Encroachment/GOC, the present writ petition has been filed.

(2.) Heard Mr.Isaac Mohanlal, learned counsel appearing for the petitioner and Mr.S.Manohar, learned counsel appearing for the respondents.

(3.) In the affidavit filed in support of this petition, it has been averred that there is a Central Railway Workshop situated in Ponmalai, Tiruchirappalli, which is one among the three mechanical railway workshops under the Southern Zone of the Indian Railways. In the said Workshop there are 1500 quarters located in the adjoining colony viz, Golden Rock Railway Colony and 800 families are residing in the said quarters. During the year 1950, the Catholic Railway Employees built a Grotto in the G Corner ground of the said colony. In such circumstances, in the year 1972 the Catholic Railway Workshop employees developed the said Grotto by way of constructing a Chapel viz., ST.Sebastian's Chapel, to an extent of 1075.5 sq.m., at the South West Corner of Railway Officers Rest House, Ponmalai at G-Corner Railway Land, in Survey No.19/3 of Kottapattu Village, 42, Tiruchirappalli Taluk and District. The said Chapel was constructed with the oral permission of the then Superintendent of Mechanical Workshop. The said Chapel is taken care of by a Committee viz, St.Sebastian's Chapel Maintenance Committee. There are two members in the Committee and the petitioner is the President of the said Committee. While so, in the month of April 2018, the first respondent Estate Officer issued notice in Form 'A' vide proceedings in Lr.No.T/W 274/Encroachment/GOC dtd. 13/4/2018 under Sec. 4(1) of the Public Premises (Eviction of Unauthorized Occupants) Amendments Act, 2015, stating that they are in an unauthorized occupation of the Railway Land and have erected the St.Sebastian's Chapel and they have to vacate the same. The said notice was issued upon two railway employees viz., Sri.Joseph Recs and Sri.Babu Sahayaraj. Further they were called upon to appear before the first respondent for personal hearing on 10/5/2018 and at the request made by them, it was postponed to 30/5/2018. On that day, the petitioner along with two persons appeared before the first respondent. Without providing any notice or opportunity of hearing to the petitioner, the first respondent issued the impugned proceedings vide No.T/W 274/Encroachment/GOC dtd. 26/6/2018 in Form B under Sec. 5(1) of the Act to vacate the premises within 30 days from the date of issuance of the order, failing which, the said Chapel is liable to be evicted. Aggrieved over the same, the present writ petition has been filed.