C MANJULA Vs. ANANDKUMAR SUB COLLECTOR

JUDGEMENT

(1.) THE petitioner prays for punishing the respondents for willful disobedience of the order of interim injunction, dated 16. 12. 2005, granted in WPMP. No. 43094 of 2005 in W. P. No. 40183 of 2005.

(2.) THE case of the petitioner is that she is the absolute owner of the property bearing Door No. 37/17-A, Plot No. 91, T. S. No. 11/2a2, Kamaraj Colony, Second Street, Hosur, Krishnagiri and she derives title to the same through registered sale deed, dated 3. 11. 2003, by which she purchased the property from her vendor, who had purchased the same from Hosur Co-operative House Building Society Limited under duly registered sale deeds dated 12. 6. 1973 and 24. 9. 1979 and she had put up construction in the property, after demolishing the building which stood thereon, as per the duly approved Plan of the Hosur Urban Development Authority and the Commissioner, Hosur Municipality and the property was also assessed to property tax by the Hosur Municipality and there was no encroachment whatsoever made either by the petitioner or her vendors.

(3.) ACCORDING to the petitioner, there was a threat of demolition even without any notice and without any cause and hence she filed W. P. No. 40183 of 2005 praying for a writ of mandamus to forbear the District Collector, Krishnagiri and the respondents herein from in any manner interfering with her possession and enjoyment or demolishing the construction in Door No. 37/17a, Plot No. 91, T. S. No. 11/2a2, Kamaraj Colony 2nd Cross, Hosur Taluk, Krishnagiri and also prayed for an interim injunction to restrain the respondents herein and the District Collector from in any manner interfering with her possession and enjoyment or demolishing the construction in her property referred to above and this Court admitted the writ petition and granted interim injunction in WPMP. No. 43094 of 2005 on 16. 12. 2005 in the forenoon and the said order was passed after hearing the learned counsel for the petitioner and the learned Government Advocate and the application for certified copy of the order was filed on the same day, but the copy was not made ready and the counsel for the petitioner communicated the substance of the interim order to the respondents as well as the District Collector, Krishnagiri by telegram on 16. 12. 2005 at 19. 14 hours from the Telegraph Office, Adyar and it was duly served in the office of the respondents on 17. 12. 2005 itself.