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2012 DIGILAW 2371 (MAD)

G. Vasudevan v. Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District

2012-06-11

M.JAICHANDREN

body2012
Judgment :- 1. This Writ Petition has been filed to issue a Writ of Mandamus, to forbear the respondents from interfering with the peaceful possession and enjoyment of the petitioner's bunk shop, located on the Northern Side Platform of the Municipal Bus Stand of the Thiruvannamalai Municipality, allotted as per the Government Order, dated 31.03.1995, passed in G.O.Ms.No.105, Municipal Administration and Water Supply Department, except, by the due process of law and further, to direct the respondents to pay adequate compensation to the petitioner for the destruction of the bunk shop and for the removal of other materials. 2. The learned counsel appearing on behalf of the respondents had submitted that the bunk shop, said to have been put up by the petitioner, had already been removed, on 16.07.2011, even before the filling of the Writ Petition, on 19.07.2011. Moreover, in the affidavit filed in support of the Writ Petition, the petitioner himself had admitted the fact that the respondents had used a bulldozer and had completely destroyed the petitioner's shop. In such circumstances, the learned counsel appearing on behalf of the respondents had submitted that the bunk shop had been allotted to the petitioner, only on the ground that he was unemployed. However, it was found that the petitioner was working as a Secretary in a Co-operative Society, from 01.07.1993. Further, the petitioner had encroached upon the common area in the bus stand and therefore, a show cause notice was issued to the petitioner. However, no reply had been sent by the petitioner to the said show cause notice. In such circumstances, the bunk shop allotted to the petitioner had been removed, by following the due process of law, as per the judgment and decree passed by the learned District Munsif, Thiruvannamalai, in O.S.No.1022 of 1996. 3. In view of the submissions made by the learned counsel appearing on behalf of the petitioner as well as the learned counsels for the respondents, it is clear that the Writ Petition has been filed before this Court, on 19.7.2011. However, on 16.07.2011, the bunk shop of the petitioner had been removed, by the respondents, by following the due process of law, as per the judgment and decree passed by the leaned District Munsif, Thiruvannamalai, in O.S.No.1022 of 1996. In such circumstances, since no further orders are necessary, the Writ Petition stands dismissed. 4. However, on 16.07.2011, the bunk shop of the petitioner had been removed, by the respondents, by following the due process of law, as per the judgment and decree passed by the leaned District Munsif, Thiruvannamalai, in O.S.No.1022 of 1996. In such circumstances, since no further orders are necessary, the Writ Petition stands dismissed. 4. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter, relating to the issues which may be agitated by the petitioner, before this Court, in the appeal filed by the respondents, in S.A.No.109 of 2004. No. costs. Consequently, connected M.P. is closed.