MADURAI
The Madurai Bench of the Madras High Court on Monday set aside a notice of eviction directed by the railway authorities. The court observed that straight notice of eviction did not hold in the eye of law.
A division bench of Justices M. Venugopal and Abdul Quddhose observed that if the grounds of eviction were not mentioned in the notice then the court could hold it invalid. The court observed that a fresh notice could be issued under the relevant provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and appropriate orders could be passed after hearing the petitioner’s representation.
The court observed that a show cause notice should be directed and the objections and representations of the petitioner must be heard. Opportunity must be provided to hear oral and documentary evidence of the petitioner, the court said.
The petitioner, S. Ramakrishnan of Sivaganga, sought a court directive to continue occupation of the railway land located opposite Sivaganga railway station. He, along with other occupants, was asked to move out within 15 days.
The petitioner said the occupants had been living on the premises for many decades and that most of them belonged to the marginalised and weaker sections of society. The municipality had been providing them with water facility and street lights. Electricity was also provided, said the petitioner.
