@JUDGMENTTAG-ORDER
R. Banumathi, J.@mdashThe Petitioner seeks a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice of the first Respondent, dated 31.05.2010, to quash the same and to forbear the Respondents from evicting the Petitioner from the house site in S. No. 302/2, Erumaikulam, Tisayanavilai Village, Radhapuram Taluk, Tirunelveli District.
2. The case of the Petitioner is that she is residing in the house situated in Survey No. 302/2 in Tisayanavilai Village for a long time, which is put up by her. Earlier, challenging the eviction notice, the Petitioner has filed a Writ Petition in W.P. No. 9417 of 2007 stating that her application for issuance of patta as per G.O. Ms. No. 948 (Revenue), dated 05.09.2007 is pending before the Revenue Divisional Office, Cheranmahadevi. By order dated 28.11.2007, the said Writ Petition was disposed of with a direction to the Respondents to consider the application of the Petitioner for grant of house site patta. In the said order it is further observed that till such patta is issued by the competent authority, the Respondents shall keep the eviction proceedings in abeyance.
3. In the impugned notice, the Respondents referred to the order of the High Court made in W.P. No. 2555 of 2009, wherein one P.T. Pauldurai has filed the writ petition seeking for a direction not to issue patta in favour of the Petitioner herein. The Division Bench dismissed the Writ Petition by stating that it is no concern of the said P.T. Pauldurai to seek adjudication on the issue in the guise of the Writ Petition and also directed the authorities to consider the claim of the Writ Petitioner on its own merits. The impugned notice has been issued to the Petitioner, by referring to the order made in W.P. No. 2555 of 2009, calling upon her to remove the encroachment.
4. By perusal of the order in W.P. No. 2555 of 2009, we find no direction was issued for removal of encroachment. In W.P. No. 9417 of 2007, the Division Bench of this Court has directed the Respondents to consider the request of the Petitioner for grant of patta and till such orders are passed in the said proceedings, eviction proceedings to be kept in abeyance.
5. No materials have been placed before us to say that the Revenue Divisional Officer has passed any order on the proposal made by the Tahsildar.
6. The order passed in W.P. No. 9417 of 2007 is a qualified one keeping the eviction proceedings in abeyance till the orders are passed by the Revenue Divisional Officer. The impugned notice appears to have been issued without even before passing of the order in the patta proceedings. In such view of the matter, the impugned eviction notice is set aside and this Writ Petition is allowed. After passing of final orders in the patta proceedings, the Respondents are at liberty to proceed with the matter in accordance with law. We make it clear that we have not expressed any opinion on the merits of the matter. Consequently, connected miscellaneous petitions are closed. No costs.
