P MOHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a public interest litigation filed by One P.Mohan Town Secretary, Communist Party of India (Marxist) Madurai seeking issuance of a writ of mandamus restraining the respondents from evicting any occupant in any slum area in the City of Madurai Nambinagar, Hiranagar, Hiranagar Vaikalkarai, Thideernagar 6th Block, Thideer Nagar, Burma Nagar, Alaudin Thoppu, Subramaniapuram, Kamarajapuram and East Madurai without following the directions of the Supreme court dated 17.10.1985 made in W.P. No. 3695 of 1983.

(2.) THE case of the petitioner as seen from the affidavit is briefly stated hereunder:-

(3.) IN view of the categorical averments made in the counter affidavit filed on behalf of the respondent 1 and 2, the petitioner need not have any apprehension. Mr.K.Chandru, learned counsel appearing for the petitioner submitted that even though by subsequent judgment, this court as well as the Supreme Court has diluted the earlier order of the Supreme Court, in view of the fact that all the respondents are party to the earlier proceedings, namely, W.P.3695 of 1983 wherein the Supreme Court has disposed of f the said writ petition in the light of the principles laid down in K.Chandru etc., v. State of Tamil Nadu and others , A.I.R. 1986 S.C. 204, whatever the direction issued by the Supreme Court in pursuance of undertaking given by the respondents including the railway administration is binding. The Supreme Court in the said petition has made the following observation and the same is extracted hereunder:-