R KRISHNAMOORTHY Vs. COMMISSIONER THIRUTHURAIPOONDI MUNICIPALITY

JUDGEMENT

(1.) THE Writ Petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent, the proceedings of the Municipal Council, Thiruthuraipoondi, dated 20.05.2002, including the resolution number 139 and to quash the same and direct the respondents 1 to 5 to remove the encroachment made by the respondents 7 to 15 in Survey No.158,Mannargudi Road, Thiruthuraipoondi, within a time frame as fixed.

(2.) HEARD the learned counsel for the petitioners as well as for the respondents.

(3.) IN the counter affidavit filed on behalf of the respondents 7,8,9 and 11 to 15, it has been stated that the said respondents have been doing business in their respective shops put up in Survey No.158 for more than 30 years and they have been paying the ground rent to the Thiruthuraipoondi municipality. There is no substance in the contentions of the petitioners that the land in Survey No.161 can be accessed only, if the shops in Survey No.158 are removed. If at all there was a dispute with regard to the land in question, it is for the Thiruthuraipoondi municipality and the Highways Departments to resolve the same. The petitioners cannot have any claim over the land in question.