C A ABDUL AZEEZ Vs. TAHSILDAR YERCAUD

JUDGEMENT

(1.) THE second respondent is the owner of the building bearing Old No. 30/44 A1, New No. 806 situated at Main Road, Yercaud, Salem District. The petitioners are tenants under the second respondent. Since an attempt was made by the second respondent to evict the petitioners by force, they filed civil suits in O. S. Nos. 269 of 2002, O. S. No. 296 of 2002 and O. S. No. 122 of 2000 for permanent injunction to restrain the second respondent from dis-possessing them. All the three suits were decreed in favour of the petitioners. The second respondent filed a petition under the Tamil Nadu Buildings Lease and Rent Control Act for eviction of the third petitioner. The said petition was allowed. Challenging the same, the third petitioner has filed R. C. A. No. 17 of 2006 on the file of the Rent Control Appellate Authority, Salem and the same is pending.

(2.) WHILE so, there was a news item in a daily on 4th April 2007, stating that the building in question is likely to cause danger to the people who use the main road which is situated adjoining the building. Based on the said news item, the first respondent, Tahsildar claims to have visited the suit property and initiated proceedings under Section 133 of the Code of Criminal Procedure and finally by his proceedings in Na. Ka. No. 1894/07 D, dated 17. 08. 2007 directed the petitioners to vacate the buildings with a further direction to the second respondent to demolish the building within one week, thereafter. Challenging the said order, the petitioners have come forward with the present writ petition.

(3.) HEARD the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the first respondent. There is no representation for the second respondent.