R NARAYANASAMY Vs. COMMISSIONER AMBATTUR MUNICIPALITY

JUDGEMENT

(1.) The petitioners have filed the above writ petition seeking for issue of a writ of mandamus, forbearing the respondents from evicting the petitioners from their respective occupation in Madras-Thiruvallur High Road and adjacent streets of Ambattur Bus Stand contrary to the procedure established under law.

(2.) The petitioners are carrying on small trade in Madras-Thiruvallur High Road at Ambattur. According to them they have been doing business for a long time. When the second respondent with the help of the subordinates attempted to evict and demolish the small petty shops on 5-2-1993, due to the intervention of the office bearers of the Traders Association, the second respondent went back. Subsequently on 6-2-1993 and 8-2-1993 the officials of the second respondent seem to have informed the petitioners that they will evict them. The petitioners have filed the above writ petition on the ground that they should not be evicted without following the procedures and in accordance with law.

(3.) The first respondent filed a counter denying that the petitioners have been doing business for a long time in the Madras-Tiruvellore High Road. According to the first respondent, they announced through loud-speaker to remove the encroachments made by the encroachers. As the first respondent informed about the eviction proceedings, the question of further information to them will not arise. The encroachments made by the petitioners had been objected to by the public since the encroachers had been obstructing the free flow of movements and also they have been making unnecessary nuisance to the public and municipality. The first respondent is taking eviction proceedings only under the Tamil Nadu District Municipalities Act.