KODAIKANAL VARTHAGARHAL SANGAM (KODAIKANAL TRADERS SOCIETY) Vs. STATE OF TAMIL NADU; COMMISSIONER AND MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioner is the Kodaikanal Varthagarhal Sangam. According to them, it is a registered Society under the Tamil Nadu Societies Registration Act, 1975 with Registration No.156/1988, Dindugul District. They filed the present writ petition, seeking to set aside the resolution of the Kodaikanal Municipality, dated 25.01.2010 and for a consequential direction to forbear the Municipality from taking any steps to vacate the members of the petitioner Sangam from their respective shops.

(2.) The writ petition was admitted on 04.02.2010. Pending the writ petition, this Court granted an order of interim stay. Since no counter was filed, the interim stay was extended without specifying any outer time limit.

(3.) It is the case of the petitioner Sangam that the members of the said Society are lessees of various shops at Anna Salai in Kodaikanal belonging to Kodaikanal Municipality. During the year 2002, an auction notice was given for bringing all the shops to be allotted by public auction. The original lessees filed W.P.No.22363 of 2004 for setting aside the said auction. This Court by an order dated 05.08.2004 granted interim stay. Subsequently, on 11.09.2004, the interim stay was vacated. Aggrieved by the said order, a writ appeal was filed in W.A.No.34395 to 34397 of 2004 and the same was also dismissed by an order dated 07.10.2004. Pursuant to the order dated 07.10.2004, the Municipality issued auction notice bringing all the shops for auction in the Kodaikanal Municipality.