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2007 Supreme(Mad) 1617

P.P.S.JANARTHANA RAJA, P.D.DINAKARAN
The Union of India owning Southern Railway rep. by its General Manager Park Town, Chennai-3 – Appellant
Versus
The Principal District Judge Vellore District, Vellore & Others – Respondent


Advocates:
For the Petitioner:V.G. Suresh Kumar, Advocate. For the Respondents: -----

Judgment :

P.D. Dinakaran, J.

The above writ petitions are directed against the order of the appellate authority setting aside the order of eviction passed by the Estate Officer, evicting the contesting respondents/encroachers, who are about 125 in number, from the public premises of an extent of 3.36 acres located in Survey No.722/2, Ward 5, Block 16, Vellore District, on the ground that the Estate Officer had not followed the procedure prescribed under the Act viz.,

(i) Notice under Section 4 of the Act;

(ii) Recording of evidence that may be produced in support of the notice;

(iii) Giving reasonable opportunity to the unauthorised occupant to represent the case;

(iv) the authority must be satisfied that the public premises is unauthorisedly occupied;

(v) the authority afterwards has to make an order of eviction;

(vi) such an order of eviction must be supported by reasons;

(vi)that order must direct the unauthorised occupier to vacate the premises on such date as may be specified in that order; and

(vii) the copy of the said order has to be affixed on the outer or in some other conspicuous part of public premises in question.

2. The learned counsel for the appellant, challenging































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