2022 Supreme(Online)(MAD) 38433

M.S.RAMESH,J.

Holding that there were unauthorized occupants in the premises belonging to the Udagamandalam Municipality, Hon'ble Mr.Justice S.M.Subramaniam had passed an order in W.P.No.22071 of 2017, with the following directions:-

"14. Accordingly, the following orders are passed:

(i)The respondents 1 and 4 are directed to issue show cause notice to all the unauthorised occupants, who all are in occupation of the premises belonging to the Udagamandalam Municipality, within a period of two weeks from the date of receipt a copy of this order.

(ii)The respondents 1 and 4 are directed to follow the procedures as contemplated under the provisions of the Act and thereafter evict all the unauthorised occupants and take possession of such properties by completing the exercise within a period of three months from the date of receipt of a copy of this order.

(iii)After taking possession, the 4th respondent shall initiate steps to allot the official quarters to eligible employees by following the application seniority and the procedures as contemplated, for their lawful occupation.

(iv)In respect of unauthorised occupants, the respondents 1 to 4 have to initiate all further actions to recover the arrears of rent or otherwise, due to the Municipality by following the procedures as contemplated under the relevant statute or by invoking the provisions of Revenue Recovery Act, as the case may be.

15. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

16. The registry is directed to post the matter, for reporting compliance, on 20.02.2023."

2. Accordingly, the writ petition was listed today under the caption 'for reporting compliance'.

3. The learned Standing Counsel appearing for the Municipality had filed a status report, in which, it is informed that as on date, the Municipality have vacated 12 unauthorized occupants and 93 occupants continue to remain in the premises, in view of the stay granted by an Hon'ble Division Bench of this Court in W.A.No.341 of 2023, dated 15.02.2023. As such, compliance of the directions of the earlier order of this Court in W.P.No.22071 of 2017, may not be feasible.

4. This Court is of the view that the present writ petition can be heard along with W.A.No.341 of 2023. Hence, Registry is directed to place this matter before the Hon'ble Acting Chief Justice for obtaining appropriate orders.

20.02.2023 hvk M.S.RAMESH,J.

hvk

20.02.2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.11.2022 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.22071 of 2017 and W.M.P.No.23125 of 2017

1. B.Manikammal

2. B.Radhamani

3. R.Indrani

4. T.Uma

5. A.Vijayalakshmi

6. N.Kokila

7. M.Ramamuthry ... Petitioners -Vs-

1. The District Collector O/o. the District Collector Udagamandalam, Nilgiris District.

2. The Additional Director Commissionerate of Municipal Administration Chepauk, Chennai 600 005

3. The Director, O/o. the Directorate, Regional Director of Municipal Administration, J.G.Nagar, 1st Main Road, Kumaranathapuram, Tiruppur-2.

4. The Commissioner, Udagamandalam Municipality, Udagamandalam, Nilgiris District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the 4th respondent to take necessary steps in pursuance to his own proceedings in Na.Ka.No. A9/ 3397/2004, dated 28.09.2013, and proceedings in Na.Ka.No.A9/3397/2004, dated 08.10.2013, and consequently to take appropriate steps to vacate the unauthorized occupants in the quarters of the Respondents Udagamandalam Municipality and thereby to re-allot the quarters to the petitioners.

For Petitioners : Mr.Dr.R.Gouri For Respondents :

For R1 : Mr.T.K.Saravanan, GA For R2 & R3 : Mrs.R.L.Karthika, GA For R4 : Mr.P.Srinivas