States are obligated to take proactive measures for eviction and recovery of rental/penal rental from unauthorised occupants, including considering criminal prosecution and departmental proceedings.

ORDER

B.N. Agrawal and P.P. Naolekar, JJ. -

1. In the latest status report filed on behalf of the State of Tamil Nadu, it has been stated that out of 38 unauthorised occupants, 18 have already vacated and so far as five persons are concerned, as they did not cooperate in effecting delivery of possession inspite of orders passed by the competent authority, their premises have been sealed as required under law. Delivery of possession shall be taken by the State within six weeks from today and if armed force is necessary the same shall be deployed within 48 hours from the time the requisition is received.

2. With regard to Thiru A. Shakhi, it has been stated that he made a representation to the State Government for granting him time till 30th September, 2007, to vacate. The said occupant is granted time till 30th September, 2007, to vacate the premises in his occupation upon filing usual undertaking in this Court within four weeks from today. This order shall not in any manner affect claim of the State for realising rental/penal rental from the said occupant.

3. With regard to eleven persons, it has been stated that the following writ petitions are pending before the Madras High Court.

S.No. Name Case No.

1. Dr. T. Praphakara W.P.No.17143/2007

2. Thiru R.S. Natarajan W.P.No.16973/2007

3. Dr. Ebenezer W.P.No.21340/2007

4. Sri E. Paulraj W.P.No.45990/2006

5. Sri K. Subbiah W.P.No.37679/2006

6. Sri T.Ganapathiyappan W.P.No.37539/2006

7. Tmt. Sumathi W.P.No.330/2005

8. Sri A. Pathrose W.P.No.39658/2000

9. Sri M. Kaliyan W.P.No.7747/2006

10. Tmt. Nirmala W.P.No.22233/2007

11. Sri B. Murugesan W.P.No.38729/2006

4. So far as Shri T.S. Kaliyaperumal is concerned, it has been stated that he has preferred an appeal against the order passed in the Suit and the same is pending before the appellate forum. The Appellate Court is directed to dispose of the appeal within three months from the date of production of copy of this order by the State of Tamil Nadu before such Court which must be done within six weeks from today.

5. So far as the cases of Shri Kalyanasundaram and Shri B. Jesurathinam are concerned, their Suits are pending before the City Civil Court, Chennai. If those Suits are not ready for hearing, the Trial Court shall make all possible efforts to make them ready and it shall dispose of the same within a period of nine months from the date of production of copy of this order by the State of Tamil Nadu before such Court which must be done within six weeks from today.

6. So far as the payment of rental/penal rental is concerned, the State of Tamil Nadu is directed to furnish the details of action taken for recovery of rent/penal rent from the unauthorised occupants, which must be filed within six weeks from today.

7. Place the matter on 25th September, 2007.

STATE OF ANDHRA PRADESH:

8. In the additional affidavit filed on behalf of the State of Andhra Pradesh in the month of July, 2007, it has been stated that 41 unauthorised occupants from All India Services and 63 unauthorised occupants from the Non-Cadre posts, have already vacated the Government premises.

9. With regard to 60 persons, it has been stated that Court cases are pending in different Courts, but the details of these cases have not been given. On the last occasion, we asked the State to take steps for disposal of the aforesaid cases. Learned counsel stated that memos have been issued to the concerned Government Pleaders to take steps for early disposal of the aforesaid cases. In our view, issuance of memos to the Government Pleaders for taking steps is simply an eye wash. The State is required to take positive steps by filing petitions, duly affidavited by a competent officer in those cases which must be done within six weeks from today. The State is directed to file further affidavit disclosing therein the details of cases pending in relation to those 60 persons and steps taken for disposal of the same, as directed by our earlier order. In the said affidavit, it must be further stated as to