[Cites 10, Cited by 0]
Madras High Court
G.Hemavathy vs Union Territory Of Puducherry on 9 March, 2026
Author: S. M. Subramaniam
Bench: S. M. Subramaniam
WP Nos. 16881 and 16884 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
W.P. Nos. 16881 and 16884 of 2021
and W.M.P.Nos.17857 and 17860 of 2021
G.Hemavathy
W/o.Gopal, No.492,494 and 496, Anna Salai,
Puducherry-1
..Petitioner in
W.P.No.16881 of 2021
1. R.Ravikumar
S/o.Late Ramalingam, No.500, 502 and 504,
Anna Salai,Puducherry-1.
2. R.Jothi
S/o.Late. Raghavan, Calve Bungalow,
Puducherry.
..Petitioner in
W.P.No.16884 of 2021
Vs
1. Union Territory of Puducherry
Rep by its Chief Secretary, Secretariat,
Puducherry.
2. The Deputy Collector (Revenue)
North-Cum- Estate Officer, Puducherry.
3. The Tahsildar
Puducherry Taluk Office, Puducherry.
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WP Nos. 16881 and 16884 of 2021
4. G.Nehru @ Kuppusamy
S/o.Gopalasamy, No.32D, Bharathipuram Main
Road, Govindasalai, Puducherry- 605 011.
5. M.Kandasamy
Working as Deputy Collector, (Revenue) North
Cum- Estate Officer, Puducherry.
6. Kumaran
working as Tahsildar, Puducherry Taluk Office,
Puducherry.
..Respondent(s)
in both W.P.
PRAYER: The Writ Petitions have been filed under Article 226 of the
Constitution of India for the issuance of a Writ of Certiorari Calling for the
records of the Impugned Notice issued by the 2nd Respondent in his
proceeding in No. 4294/ DCR (N)/ A3/ Encr/ 2021 dated 27.07.2021 and
quash the same as the same being without jurisdiction, illegal and arbitrary
and pass.
For Petitioner(s) Mr. P.Dinesh Kumar
in both W.Ps.:
For Respondent(s): Dr.B.Ramaswamy
in both W.Ps. Additional Government Pleader
(Puducherry) for R1 to R3
Mr.S.Shivsuriya
for Mr.S.A.Kannan for R4
No appearance for R5 and R6
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WP Nos. 16881 and 16884 of 2021
COMMON ORDER
(Order of the Court was made by S.M.SUBRAMANIAM J.)
The present Writ Petitions have been instituted challenging the Form-A
notice issued under sub-section (1) and clause (b)(ii) of sub-section (2) of
Section 4 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
(hereinafter referred to as “the Act”)
2. The grounds for issuance of notice have been set out in the
impugned call letter. The Deputy Collector (Revenue)-North-cum-Estate
Officer, Puducherry, called upon the petitioners or their authorised
representatives, capable of answering all material questions connected with
the matter, to appear before him along with evidence for personal hearing on
03.08.2021 at 11.00 a.m. The petitioners, instead of appearing before the
Estate Officer along with the relevant documents and evidences, have chosen
to file the present Writ Petitions. Such summons issued by the Estate Officer,
providing an opportunity of personal hearing, would provide no cause for
institution of writ proceedings.
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WP Nos. 16881 and 16884 of 2021
3. Section 8 of the Act speaks about the powers of Estate Officers,
which reads as follows:-
An estate officer shall, for the purpose of holding any inquiry
under this Act, have the same powers as ate vested in a civil
court under the Code of Civil Procedure, 1908, when trying a suit
in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person
and examining him on oath;
(b) requiring the discovery and production of documents;
(c) any other matter which may be prescribed.
4. Section 9 of the Act provides appeal. Sub-section 1 stipulates that an
appeal shall lie from every order of the estate officer made in respect of any
public premises under [section 5 of section 5B [or section 5C] or section 7 to
an appellate officer who shall be the district judge of the district in which the
public premises are situate or such other judicial officer in that district of not
less than ten years' standing as the district judge may designate in this behalf.
5. Therefore, the Estate Officer, if he has reason to believe that an
action is warranted under the Act, is empowered to issue a summons to the
person concerned for the purpose of conducting an inquiry. A person, who has
received such notice, may appear before the Estate Officer and place his
defence along with documents and evidences, if any. However, the said notice
issued would provide no cause for the institution of writ proceedings. The
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WP Nos. 16881 and 16884 of 2021
Estate Officer is empowered to adjudicate both facts as well as the legal
grounds raised between the parties.
6. An aggrieved person, if dissatisfied with the order passed by the
Estate Officer, may prefer an appeal before the District Court, which is the
competent judicial forum under the scheme of the Act. The present Writ
Petitions are not only pre-mature, but, have also become infructuous, since
the date and time fixed for conducting the inquiry have already lapsed and
further inquiry is not fixed on account of the interim order granted in the
present Writ Petitions.
7. The present Writ Petitions are devoid of merits and are liable to be
dismissed and accordingly, the same are dismissed. The Estate Officer may
issue a fresh notice fixing the date and time for conducting the inquiry. On
receipt of such notice, the petitioners are at liberty to participate in the process
of inquiry and defend their case in the manner known to law. There shall be no
order as to costs. Consequently, connected Miscellaneous Petitions are
closed.
(S.M.S.,J.) (K.S.,J.)
09-03-2026
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes/No
Asi
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WP Nos. 16881 and 16884 of 2021
To
1. The Chief Secretary,
Union Territory of Puducherry
Secretariat, Puducherry.
2. The Deputy Collector (Revenue)
North-Cum- Estate Officer, Puducherry.
3. The Tahsildar
Puducherry Taluk Office, Puducherry.
4. G.Nehru @ Kuppusamy
S/o.Gopalasamy, No.32D, Bharathipuram Main
Road, Govindasalai, Puducherry- 605 011.
5. M.Kandasamy
Working as Deputy Collector, (Revenue)-North
Cum- Estate Officer, Puducherry.
6. Kumaran
working as Tahsildar, Puducherry Taluk Office,
Puducherry.
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WP Nos. 16881 and 16884 of 2021
S. M. SUBRAMANIAM, J.
and
K. SURENDER, J.
Asi
W.P. Nos. 16881 and 16884 of 2021
and W.M.P.Nos.17857 and 17860 of 2021
09-03-2026
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