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1999 Supreme(Ker) 137

G.SASIDHARAN, A.R.LAKSHMANAN
Abdul Majeed – Appellant
Versus
Southern Railway – Respondent


Judgment :-

A.R. Lakshmanan, J.

This appeal is directed against the judgment of C. S. Rajan, J. dated 3.1.1998 in O.P. No. 21378/98 refusing to interfere with Exts. P4 and P5 notices. The learned judge has directed the appellant/ petitioner to agitate the legality of Exts. P4 and P5 in the civil suit filed by the appellant in O.S.638/98. We are of the opinion that the direction given by the learned single judge directing the appellant to agitate his rights before a civil forum is not correct.

2. Under S.15 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, no court shall have jurisdiction to entertain any suit or proceedings in respect of the eviction of any person who is in unauthorised occupation of any public premises is barred. We are of the opinion that proceedings for eviction and the orders passed thereon has to be challenged only under the Act and not in ordinary court of law. This apart the Estate Officer is not a court and the Limitation Act does not apply and jurisdiction of civil court is entirely barred in matters governed by 1971 Act. The inquiry by the Estate Officer under the Act is amenable to the jurisdiction of the appellate authority. The Estat

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