B M HABIBULLAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These five writ petitions raise common questions and hence they are taken up together and disposed of by a common order. For the sake of convenience, I propose to refer to the facts in W.P. No. 5513 of 1992.

(2.) According to the petitioner in W.P. No. 5513 of 1992, he has been carrying on business since 1970 under the name and style of S.A.B. Stores in Shop No. 2, Block No. 110 in the site belonging to the Government situated near Coonoor Bus Stand falling within the municipal limits of Coonoor Municipality. It is the case of the petitioner that he has invested considerable sums of money in the business and has also obtained licence for running the business for the year 1992-93 and also obtained a Drug Licence under the provisions of Drugs and Cosmetics Act. It is stated by the petitioner that on 11-4-1992 without any notice and justification, the 1st respondent and an army of revenue and police officials demolished his shop and 22 other shops by using Buldozer. It is also stated that the stock-in-trade were thrown on the streets and all the shop owners were subjected to humiliation and ignominy. The petitioner would state that no notice was issued to him either under the Tamil Nadu Encroachment Act or under any other law to evict them from the place occupied by them. According to the petitioners, the demolition of the shops belonging to them is not only illegal but also high-handed.

(3.) On the basis of the above averments, the petitioner has sought for a writ in the nature of mandamus for the following relief:- "To forbear the respondents or any authorities claiming on their behalf from in any way interfering with the possession and enjoyment of the land of an extent of about 160-200 Sq. Ft., in which the demolished shop No. 2 in Block No. 110, of the petitioner situated near Coonoor Bus Stand in the strip of land adjoining the river side of the new bridge (near bus stand area), Coonoor Town, The Nilgiris District; to direct the respondents to restore the building and structure as stood prior to 11-4-1992 of the said shop, and to direct the respondents jointly or severally to pay the compensation of Rs. 5 lakhs for demolition and destruction of the said shop and the stock-in-trade of the business carried on by the petitioner under the name and style of SAB Stores in the said shop, on 11-4-1992."