Madras High Court
A.Thayal Nayagi vs Union Of India Owning on 20 January, 2005
Equivalent citations: AIR 2005 (NOC) 305 (MAD), 2005 A I H C 1496, (2005) 1 MAD LJ 453, (2005) 1 RENTLR 546, (2005) WRITLR 112, (2005) 1 RENCR 314(1)
Bench: Markandey Katju, D.Murugesan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 20/01/2005
CORAM:
THE HONOURABLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HONOURABLE MR. JUSTICE D.MURUGESAN
W.A. No. 120 of 2005
A.Thayal Nayagi Appellant
-Vs-
1. Union of India owning
Southern Railway, rep. by
its General Manager,
Park Town, Chennai-3.
2. The Principal District Judge,
Trichirapalli.
3. The Estate Officer,
Southern Railway,
Office of the Chief Workshop Manager,
Southern Railway, Golden Rock,
Trichirapalli. Respondents
Prayer: Appeal under clause 15 of the Letters Patent against the
order of this Court in W.P. No. 15741 of 2001 dated 26.2.2003.
!For appellant : Mr.V.Raghavachari
^For Respondent : nil
:JUDGMENT
(Judgment of the Court was delivered by The Hon'ble Chief Justice.) This writ appeal has been filed against the impugned judgment of the learned single Judge dated 26.2.2003.
2. Heard learned counsel for the appellant.
3. The appellant was a licensee of railway land along with other licensees. Most of the original licensees died and third parties are illegally occupying the plots in question. In some cases though the original licensees are occupying the plots for which licenses were given, the period of licenses has long expired and had not been renewed. Hence such persons are unauthorised occupants occupying the plots without any right.
4. The learned single Judge in his judgment has hence rightly set aside the judgment of the learned District Judge, Trichirapalli. We have carefully perused the judgment of the learned single Judge and fully agree with the reasoning given, which we are not repeating.
5. The appellant was only a licensee of the plot in question and it is well settled that a licensee has no right vide section 60 of the Easements Act. Moreover the period of license expired a long time back and hence the appellant was clearly an unauthorised occupant.
6. Learned counsel for the appellant however argued that the procedure mentioned in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 should have been followed by the authorities, but it was not followed. In our opinion, this argument is based on a total misconception. The object of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is to forcibly evict unauthorised occupants who are deliberately remaining in occupation of public premises unauthorisedly. Hence the impugned judgment of the learned single Judge is fulfilling exactly the same object which the aforesaid Act aims at, namely, to forcibly throw out unauthorised occupants from public property. Decent people vacate the premises when the period of lease or license expires. When a person does not behave in a decent manner, the only way left is to forcibly throw him out. It is for this purpose that the aforesaid Act was enacted, and the same object has been achieved by the learned single Judge namely, to throw out an unauthorised occupant. Hence we see no reason to interfere with the judgment of the learned single Judge, which is eminently just and fair. The writ appeal is dismissed. Consequently WAMP No.179 of 2005 is also dismissed.
Index : Yes.
Internet: Yes.
ns.
To
1. The General Manager, Union of India owning Southern Railway, Park Town, Chennai-3.
2. The Principal District Judge, Trichirapalli.
3. The Estate Officer, Southern Railway, Office of the Chief Workshop Manager, Southern Railway, Golden Rock, Trichirapalli.
ns