Ganapathi Shanmugham, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.14520 of 2016 ORDER:

Heard Sri K.L.N.Swamy, learned counsel for the petitioners, and Sri Md.Saleem, learned Standing Counsel for the Nayudupeta Municipality.

2. The prayer of the petitioners in this case is as under: "The Hon'ble Court may be pleased to issue Order or orders, direction or directions, writ or writs particularly one in the Writ of mandamus or any appropriate writ declaring the action of the respondents in illegally evicting the petitioners from their houses, without issuing any notice, opportunity is illegal, arbitrary, against of principles of natural justice, arbitrary, violative of Article 14, 19(1)(g), 21 and 300A of the Constitution of India consequently direct the respondents not to evict the petitioners from their houses without following the due process of law and to pass such other order or orders may deem fit and proper in the circumstances of the case."

3.

Documents are placed on record evidencing the possession of the petitioners. That being so, it is not open to the municipal authorities to interfere with such possession without following the due procedure.

4. The Writ Petition is accordingly disposed of directing the municipal authorities not to interfere with the possession of the petitioners over their properties except in accordance with the due procedure laid down by law.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________________________ JUSTICE SANJAY KUMAR April 26, 2016 Note:-Furnish copy by tomorrow.

{B/o}LMV