M MOHAMED IBRAHIM Vs. UDHAGAMANDALAM MUNICIPALITY

JUDGEMENT

(1.) ON consent, the writ petition is taken up for final hearing.

(2.) THE writ petition is filed against the notice in Na.Ka.No. 5007/01/A7 dated 11.03.2010 published in "Dinamalar" Daily dated 15.03.2010 and the proceedings No. Na.Ka.No. 5007/01/A7 dated 26.03.2010 and consequential Tender cum Auction Sale Notice published in "Dinamalar" daily dated 31.03.2010 issued by the respondent / Municipality and to quash the same and to consequently direct the respondent to consider the petitioner's representation dated 23.03.2010 and to recognise him as tenant thereby permitting him to carry on business in shop bearing No.29/1197 situated within the municipal market of Udhagamandalam, Nilgiris District.

(3.) THE learned counsel for the petitioner would contend that though the petitioner has duly approached the respondent / Municipality for treating him as tenant afresh in compliance with the order made in the earlier writ petition, it is the respondent / Municipality, who failed to consider his request and the respondent / Municipality has also forcibly dispossessed him from the shop portion and impugned orders passed without duly considering his request, is contrary to the direction issued by this Court in the earlier writ petition.