KANNAN AND ORS. Vs. THE COMMISSIONER, PANRUTI MUNICIPALITY

JUDGEMENT

(1.) In all these writ petitions, a common question arises, i.e., whether petitioner is entitled to have the issuance of a writ of certiorarified mandamus to call for the records on the file of the respondent in Na. Ka. No. 4270/97 dated 11.7.1997 and quash the same as illegal, incompetent and without jurisdiction, and to direct the respondent herein to extend the benefit of G.O. Ms. 285, Municipal Administration, dated 29.4.1985 to the petitioners, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

(2.) In all these writ petitioners, the petitioners are running small business in bunk shops within the limits of Panruti Municipality respondent herein. All of them have a common case that they are using the bunks without causing any disturbance to the public, and they are paying rent to the Municipality as demanded. It is also their case that none of them has encroached any portion of the Government land, nor have they sub -let the shop or violated any of the conditions of licence granted to them. They have also said that they have never defaulted in payment of rent, while so, respondent -Municipality issued a notice asking them to vacate the bunks, pursuant to a resolution passed by the Municipality on 25.6.1997.

(3.) It is seen that the respondent -Municipality has passed a resolution that all the bunks, situated on the roadside, are causing hindrance to the public and they have also encroached upon municipal land, and the Municipality is also apprehending that further encroachments will continue. It is also stated therein that pursuant to the resolution, and also pursuant to the conditions of auction, on the basis of which various petitioners in these writ petitions came into occupation of these bunks, are liable to vacate the same on or before 31.8.1997, failing which steps will be taken to take possession of those bunks on 1.9.1997.