COMMISSIONER KANCHEEPURAM MUNCIPALITY Vs. V M MAHADEVAN

JUDGEMENT

(1.) :- This writ appeal has been field against the impugned order of the learned single Judge dated 8-12-2004. We have perused the impugned order and have heard the learned counsel for the parties.

(2.) IT is alleged by the petitioner in his affdavit filed in support of the writ petition that he is the absolute owner of the properties in S. No. 1758/4, Kancheepuram, which he inherited from his father, and since then he is enjoying the said property. It is alleged that the petitioner is having seven shops in the premises of which five shops are in the occupation of tenants and two are in the occupation of the petitioner, where he is carrying on his bakery and tea stall. The two shops have entrance facing west towards the maduranthagam Bus Stand Road. The compound wall of the bus stand was put up only up to the place where the petitioner's shops are situated, and the petitioner was having entrance facing west side and on the Bus stand Road and even on the north side where Maduranthottam Road is situated.

(3.) IT is further alleged that in the year. 1998, the respondent attempted to put up constructions and interfere with the access of the shop of the petitioner on the northern side, but the petitioner's father filed a suit in O. S. No. 989/1988 which was decreed on 21 -8-1997 and the respondent was restrained from interfering with the rights of the plaintiff.