K.V. RATHINAM Vs. PRINCIPAL SECRETARY TO GOVT., STATE OF TAMIL NADU, MUNICIPAL ADMINISTRATIVE AND WATER SUPPLY AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.R.Udhayakumar, learned Additional Government Pleader, accepts notice on behalf of first respondent and Mr.K.Sountharrajan, learned counsel, accepts notice on behalf of respondents 2 and 3.

(2.) The petitioner claims to be in possession and enjoyment of Plot No. C-35, Shop No. 3, 2nd Avenue, Anna Nagar, Chennai-40 from the year 1986 onwards. Originally, the petitioner was carrying on hardware business in the shop and now intents to start a sweet stall.

(3.) Learned counsel appearing for the petitioner would submit that the petitioner, on an earlier occasion, filed W.P.No.19477 of 2017 praying for issuance of writ of mandamus directing the first respondent herein to consider and dispose of his special revision dated 25.07.2017 and the 4th respondent herein and four other persons have intervened by filing W.M.P.No.32584 of 2017 and this Court, taking note of the facts and circumstances, had directed the first respondent to put the petitioner as well as the 4th respondent herein on notice and thereafter, consider and dispose of the special revision on merits and in accordance with law within the stipulated time frame and despite the direction, it is yet to be disposed of and in the interregnum, the third respondent has issued the impugned de-occupation notice, consequently, threatening to demolish the alleged unauthorised construction and therefore, prays for appropriate orders.