M KALIYAMOORTHY Vs. R KRISHNAMOORTHY

JUDGEMENT

(1.) APPELLANTS in W. A. No. 708/07 and respondents 7 to 15 to a public interest litigation, W. P. No. 43979/02, have challenged the order dated 29th Jan. , 2007, passed by learned single Judge. The appellants are running shops on road margin bearing survey No. 158, Mannargudi Road, Thiruthuraipoondi, since 1967 and paying rent to the Thiruthuraipoondi Municipality (hereinafter referred to as 'municipality' ). The Municipal Council, by Resolution No. 139, dated 20th May, 2002, having allowed the appellants/respondents to pay rent of those shops for the period 2000 onwards, the aforesaid public interest litigation was preferred by R. Krishnamurthy, 1st respondent to the writ appeal. Prayer was made to set aside Resolution No. 139 dated 20th May, 2002 and to remove the encroachments made by the appellants/respondents on survey No. 158, Mannargudi Road, Thiruthuraipoondi. Learned single Judge, by impugned order dated 29th Jan. , 2007, having directed the 16th respondent, Secretary to the Government, Highways Department, Chennai, to take appropriate action, the writ appeal has been preferred against the said order.

(2.) PURSUANT to the aforesaid order of this Court dated 29th Jan. , 2007, the respondent, State of Tamil Nadu issued letter No. 6433/hp2/07-1 dated 30th March, 2007, from its Highways Department and directed the Superintending Engineer (H), Trichy; the Collector, Thiruvarur District; the Commissioner, Thiruthuraipoondi Municipality and concerned Divisional Engineer to take steps as per High Court's direction. In view of such letter, a telephonic message No. 9522/2007/f3 dated 10th April, 2007, was issued by the District Collector, Thiruvarur, directing the Divisional Engineer (Highways), Thiruvarur, Commissioner of Municipality, Thiruthuraipoondi and the Revenue Divisional Officer, Mannargudi as also the concerned Tahsildar to work together to remove the encroachments and to submit report. Aforesaid letter dated 30th March, 2007 and telephonic message dated 10th April, 2007 have been challenged by the appellants separately in W. P. No. 17061/07.

(3.) A separate public interest litigation, W. P. No. 47678/06 has been filed for removal of encroachment and similar prayer made as was made in the earlier public interest litigation giving rise to the present appeal. In the above background, all the cases were heard together and disposed of by this common judgment.