P BALU Vs. COMMISSIONER, DHARMAPURI MUNICIPALITY, DHARMAPURI

JUDGEMENT

(1.) Seeking to quash the Notice dated 02.01.2018 issued by the Respondent and for a consequential direction to the Respondent to issue licence to him to use the Iron Corridor measuring an extent of 23.18 sq. mt. above the conservancy lane in between Chinnasamy Naidu Street and Chitha Veerappa Chetty Street, Dharmapuri, the Petitioner is before this Court with the present Writ Petition.

(2.) Heard the learned counsel for the Petitioner as also the learned Additional Government Pleader appearing for the Respondent/Municipality. This matter is taken up for disposal at the stage of admission itself.

(3.) According to the Petitioner, he is the Proprietor of Sri Krishna Silks, having showroom at Door No.20-A, Chinnasamy Naidu Street, Dharmapuri, for the past 17 years. Right behind the said showroom, the Petitioner took another property at Door No.11, Chitha Veerappa Chetty Street, Dharmapuri, for lease, to expand his business. In between the two properties at Chinnasamy Naidu Street and Chitha Veerappa Chetty Street, there exists a conservancy lane measuring 4 = feet in width, belonging to the Respondent/Municipality. In the said Conservancy lane, drainage line of both the properties are running and the said lane is used to maintain/repair the lines and it is not used as a public thoroughfare.