LAWS(MAD)-2008-5-1

ANNAI SANDHYA NAGAR KUDIYIRUPOR Vs. COMMISSIONER

Decided On May 14, 2008
ANNAI SANDHYA NAGAR KUDIYIRUPOR Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. In view of the order, which is going to be passed here-under, no notice to the other side is required. At this stage itself, I would like to dispose of the writ petition.

(2.) A few facts absolutely necessary and germane for the disposal of this petition, would run thus: O.S.No.7876 of 1999 was filed by the petitioner herein, seeking declaration and injunction, but that was dismissed on merits by the Civil Court concerned on 31.3.2008. The petitioner is intending to prefer an appeal before the Principal Civil Court, Chennai. In the meanwhile, the defendant, namely the respondent herein, is trying to evict the persons without even resorting to the procedures relating to eviction as per law. Hence, in these circumstances, the writ will lie. Taking into account the vacation as well as the fact that no copy of the Civil Court's judgment and decree has been furnished to the petitioner as on today, I would like to issue the following direction: