D ESLIN JOSEPH Vs. DINDIGUL MUNICIPALITY

JUDGEMENT

(1.) The writ appeal is directed against the order, dated 23.11.2010 passed in W.P.(MD)No.7251 of 2007 whereby the learned single Judge dismissed the writ petition filed by the appellant herein.

(2.) It is the case of the appellant that the respondent municipality had leased out several shops nearby the Kamaraj Bus Stand at Dindigul. The appellant is one among the other persons who was provided with a space in the municipal bus-stand for running a juice stall. The respondent was allotted with a space measuring 5'X4' feet, opposite to Rani Mangammal booking counter at Dindigul bus stand. The same was approved by the council on 09.10.1990.

(3.) The appellant put up the shop in the allotted property and started running the juice stall in the name of "HPMC Pure Apple Juice Stall". It is further stated that the appellant had spent a considerable amount for putting up the said shop. He had also obtained electricity connection from Electricity Board. Whileso, the respondent municipality officials in the month of August 1992 without serving any notice have illegally attempted to evict the appellant from the leased out property. Hence, he filed a suit in O.S.No.1157 of 1992 before the District Muncif Court, Dindigul to restrain the respondent and its employees from in any way interfering with the peaceful possession and enjoyment of the property leased to him, except under due process of law. The said suit was decreed in favour of the appellant. Thereafter, the appellant made an application dated 21.05.1998 to provide more space to run the business. The request of the appellant was also placed before the council and the same was approved by the Council on 27.10.1998. Thereafter, the appellant was allotted more area and a fresh lease agreement was entered into to that effect.