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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Jayachandran, Shamim Ahmed, JJ
The Udumalpet Recreation Club – Appellant
Versus
The Estate Officer Cum Municipal Commissioner, Udumalpet Municipality – Respondent
| Table of Content |
|---|
| 1. challenged eviction notice under public premises act post adverse possession decree. (Para 1 , 2) |
| 2. municipality's failed challenges to decree and parallel planning actions. (Para 3 , 4) |
| 3. interim directions limited to planning act, not eviction. (Para 5) |
| 4. decree binds eviction proceedings; writ disposed quashing notice. (Para 6 , 7) |
(Order of the Court was made by Dr.G.Jayachandran J.)
1. This Writ Petition is filed, challenging the notice, issued by the 1st Respondent, dated 13.05.2017 in Form-A, under the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupant) Act, 1975.
2. The reading of the impugned notice indicates that the Udumalpet Municipality had caused the notice under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupant) Act, 1975, holding that the land and building in occupation of the Writ Petitioner belongs to the Municipality and it is a public premise. However, it is now brought to our notice that the Writ Petitioner had filed a suit for declaration in OS.No.111 of 2013, on the file of the Sub Court, Udumalpet and got an exparte decree in his favour, declaring the title, by way of adverse possession.
3. It is br
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