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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Saleem Durani Rep. by his Power Agent S.Vahidha Saleem Durani – Appellant
Versus
Commissioner & Estate Officer, Mayiladuthurai Municipality, Mayiladuthurai – Respondent
ORDER :
The Revision Petitioner challenges the judgment and decree in CMA.No 8 of 2019 on the file of the learned District Judge Mayiladuthurai, confirming the order of the Commissioner and Estate Officer, Mayiladuthurai Municipality dated 27.08.2019.
2.The crux of the issue is the proceedings initiated by the Municipality under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupant) Act,1975. It is the contention of the revision petitioner that the very invocation of the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupant) Act, 1975, is wholly unsustainable and consequently, the impugned proceedings issued by the Municipality is vitiated and liable to be set aside.
3.I have heard Mr.A.Muthukumar, learned counsel for the revision petitioner and Mr.P.Srinivas, learned Standing Counsel for the respondent Municipality.
4.Mr.A.Muthukumar, learned counsel for the revision petitioner would state that the petitioner's predecessors in interest had formed a layout and also got it approved from the respondent Municipality. One of the conditions for approving the layout was that an extent of 2796 square feet was to be set apart for a childrens' park. However
The Municipality lacks authority to initiate eviction proceedings without a gift deed for public land, confirming that prior claims do not legally restrict subsequent challenges to jurisdiction.
Government-leased vacant lands are public premises under eviction acts; lessees estopped from denying title after lease admissions; summary eviction valid post-termination absent perversity; Article ....
The Tamil Nadu Public Premises Act does not apply retroactively to leases established prior to its enactment, affirming tenant rights to continued possession for educational purposes.
The expiration of a lease does not justify the arbitrary eviction of occupants from property designated for public recreational use, recognizing residents' statutory rights in housing schemes.
Eviction proceedings initiated under the Odisha Prevention of Land Encroachment Act in urban areas are without jurisdiction; the Odisha Public Premises Act governs such matters.
Civil decree by adverse possession binds parties, invalidating eviction under public premises act unless set aside.
The judgment emphasizes the definition of 'public premises' under the Karnataka Public Premises Act, 1974 and the binding effect of previous judgments on coordinate benches.
The conversion of land designated for public purposes, such as parks or playgrounds, to private use is impermissible under the Town and Country Planning Act, emphasizing the local authority's duty to....
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