Wellington Gymkhana Club Represented by its Secretary Nilgris vs Office of the Cantonment Board Wellington Cantonment Represented by the Defence Executive Officer Ministry of Defence,

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2216

J. NISHA BANU, N. MALA
Wellington Gymkhana Club Represented by its Secretary Nilgris – Appellant
Versus
Office of the Cantonment Board Wellington Cantonment Represented by the Defence Executive Officer Ministry of Defence, – Respondent

Advocates appeared:
For the Petitioner:Aravind Pandian, Senior Counsel for M. Rajasekar, Advocate. For the Respondents:R1, M. Vijayan, for Rajesh Vivekanandan, Advocates. R2, Dy. Solicitor General of India for R3, Court

JUDGMENT

(Prayer:Writ Petition filed under Article 226 of Constitution of India, to call for the records of the 2nd respondent in its impugned order in public notice vide undated, as per the order of the Court of estates officer madras circle, Chennai vide order no.EO/M/98/02/MC dated 01.06.2023 and quash the same.)

1. This Writ Petition is filed, challenging the order dated 01.06.2023 passed by the 2nd respondent under Sub-Section (1) of Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

2. By consent of all counsels, the Main Writ Petition itself is taken for disposal.

3. The learned Senior Counsel appearing for the petitioner would submit that as per the impugned order, 15 days time was granted, from the date of receipt of that order, to vacate the premises. The said impugned order was received by the petitioner only on 19.06.2023. Therefore, according to the learned counsel for the petitioner, time for eviction as per the impugned order started from 19.06.2023 and expired on 04.07.2023. While so, the respondents 1 and 2 hastely and without adhering to the provisions of law tried to vacate the petitioner from its legal possession of the property.

4. The

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