K. RAMESH Vs. THASILDAR, KADAYANALLUR, TIRUNELVELI DISTRICT

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents 1 and 2 to evict the third respondent's petty shop from Kamakshiamman Kovil South Street Junction, Opposite to Vadakathi Amman Kovil, Kadayanallur Town and Taluk, Tirunelveli District within the stipulated time fixed by this Court based on the petitioner's representation, dtd. 30/1/2018.

(2.) The case of the petitioner is that he is a resident of Kadayanallur Village and owned a house property. In front of his house, the third respondent running a petty shop just adjacent to the doorstep of the petitioner's house and installed the petty shop in front of his house which is disturbing the ingress and egress of the school going children and the major portion of the road was occupied with the petty shop, for which, the petitioner made a representation to the authorities concerned for removal of the same. However, no steps have been taken by the authorities concerned to remove the said shop, which accelerated the petitioner to knock the doors of this Court.

(3.) The learned counsel appearing for the petitioner submitted that admittedly, the third respondent installed the petty shop without obtaining any prior permission either from the local authority or from the concerned authority and he put up the petty shop just adjacent to the doorstep of the petitioner's house and occupied the major portion of the road, which is necessarily to be removed.