K EASWARI Vs. S K GOKUL

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioners and the Learned Counsel for the Respondents.

(2.) The property involved in this writ petition measures an extent of 170.5 sq.ft of house building said to have been encroached by the first petitioner's husband - Kalimuthu Gounder into the land belonging to the second respondent herein. The whole extent of the property is in old S.F.No. 381, T.S.No.211 in Ward No.12, NTC Officers Colony, Coimbatore.

(3.) It comes to be known that the First Respondent/Estate Officer of NTC Limited had initiated proceedings for eviction against the First Petitioner's husband - one Kalimuthu Gounder under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter called the Act) to evict him from the said property. As against the eviction order, the First Petitioner's husband filed CMA. No.168 of 1994 on the file of the Principal Subordinate Judge, Coimbatore and it was dismissed by an order dated 16.11.2001 confirming the eviction order of the First Respondent dated 07.11.1994.