AZIZ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed praying to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent herein in RC.D7.No.29154/2000, dated 3.9.2002 and quash the same and consequently forbear respondents herein, their men, servants and agents or anyone claiming under them from evicting the petitioner from the portion of land measuring 7.70 meters x 2.60 meters in S.No. 4221/2, Glenrock Road, Uthagamandalam and from disturbing the petitioner from carrying his business therein.

(2.) THE petitioner challenges the demolition notice dated 3.9.2002. Based on the writ appeal order dated 24.9.2002, the Ooty municipality was directed to issue notice on an enquiry relating to land encroachment by the petitioner. Enquiry was conducted on 9.7.2002 and the petitioner was thereafter informed on 8.9.2002 that the representation is not acceptable and that the shop has been unauthorisedly constructed in the land in question contrary to per Hill area Special Building Rules 1993. It is stated in the impugned order that the construction of the building is in violation of Rule 3 (1) of the Hill Area Special Building Rules 1993. Consequently notice under Section 217 (J)(I)(c) of the Tamil Nadu District Municipality( Amendment Act) 1920 was issued calling upon the petitioner to demolish the unauthorised construction. Challenging the same, this writ petition has been filed. In the affidavit filed in support of the writ petition in paragraph 8, it has been stated as follows:-

(3.) IN such view of the matter, the petitioner has to pursue the revision said to have been filed before the Government and work out his remedy in accordance with law as nothing survives in the writ petition for adjudication. This writ petition is therefore closed. No costs.