Madras High CourtCMP(MD)/3280/2023dismissed

V. Muthathal v. The Palani Municipality

2023-04-21Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri22 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty First day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mrs.Justice L. VICTORIA GOWRI C.M.P(MD)Nos.3280, 3322, 3303, 3309,3318, 3320, 3304, 3299, 3314, 3297, 3292, 3294, 3283, 3287, 3290, 3311, 3316, 3308, 3278 of 2023 and C.M.P(MD)Nos.3608, 3609, 3601, 3604, 3612, 3593, 3582, 3584, 3587, 3589, 3594, 3596 and 3598 of 2023 & C.M.P(MD)Nos.5031, 5141, 5143 to 5154, 5155, 5157 to 5159, 5161, 5162, 5166, 5169 to 5172, 5174 and 5177 to 5182 of 2023 in W.A(MD)Nos.274, 322 to 334 and 275 to 292 of 2023 V. MUTHATHAL ... PETITIONER in CMP(MD) No.3280 of 2023 ... RESPONDENT/APPELLANT IN CMP(MD)NO.5031 OF 2023 N.SUBRAMANIAN ... PETITIONER in CMP(MD) No.3322 of 2023 ...

RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5182 OF 2023 A.S.LIAKATH ALI KHAN ... PETITIONER in CMP(MD) No.3303 of 2023 ...RESPONDENT/APPELLANT IN CMP(MD)NO.5162 OF 2023 S.SHEIK BAREETH ... PETITIONER in CMP(MD) No.3309 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5178 OF 2023 P.PARANTHAMAN ... PETITIONER in CMP(MD) No.3318 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5180 OF 2023 A.DOWLATH ... PETITIONER in CMP(MD) No.3320 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5181 OF 2023 S.VEERAMANI ... PETITIONER in CMP(MD) No.3304 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.

M.B.HAJARA BEGUM ... PETITIONER in CMP(MD) No.3299 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5161 OF 2023 J.MANI ... PETITIONER in CMP(MD) No.3314 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5179 OF 2023 K.CHENNIMALAI ... PETITIONER in CMP(MD) No.3297 of 2023 ...RESPONDENT/APPELLANT IN CMP(MD)NO.5159 OF 2023 GANESAN.T ... PETITIONER in CMP(MD) No.3292 of 2023 ... RESPONDENT/ PETITIONER/ APPELLANT IN CMP(MD)NO.5157 OF 2023 RENUKA DEVI.R ... PETITIONER in CMP(MD) No.3294 of 2023 ... RESPONDENT/ PETITIONER/ APPELLANT IN CMP(MD)NO.5158 OF 2023 K.CHENNIMALAI ... PETITIONER in CMP(MD) No.3283 of 2023 ... RESPONDENT/ PETITIONER/ APPELLANT IN CMP(MD)NO.5155 OF 2023 P. MANIKANDAN ... PETITIONER in CMP(MD) No.3287 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5172 OF 2023 J.SUNDAR ... PETITIONER in CMP(MD) No.

3290 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5174 OF 2023 MAGUDEESWARAN.M ... PETITIONER in CMP(MD) No.3311 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5169 OF 2023 KUMAR.S ... PETITIONER in CMP(MD) No.3316 of 2023 ...RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5170 OF 2023 MOHAMMED ALI.MA ... PETITIONER in CMP(MD) No.3308 of 2023 ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.

S.VENUGOPAL ... PETITIONER in CMP(MD) No.3278 of 2023 ...RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5171 OF 2023 ASHOKKUMAR ... PETITIONER in CMP(MD) No.3608 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5152 OF 2023 ABDUL SALEEM ... PETITIONER in CMP(MD) No.3609 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5153 OF 2023 RADHAKRISHNAN ... PETITIONER in CMP(MD) No.3601 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5150 OF 2023 KRISHNASAMY ... PETITIONER in CMP(MD) No.3604 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5151 OF 2023 PANDIAN ... PETITIONER in CMP(MD) No.3612 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5154 OF 2023 ANANDHA KRISHNAN ... PETITIONER in CMP(MD) No.3593 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5147 OF 2023 SAKTHIVEL ...

PETITIONER in CMP(MD) No.3582 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5143 OF 2023 SATHIKBATHCHA ... PETITIONER in CMP(MD) No.3584 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5144 OF 2023 ABDUL HAKEEM ... PETITIONER in CMP(MD) No.3587 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5145 OF 2023 KAMALAKANNAN ... PETITIONER in CMP(MD) No.3589 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.

ANSER HUSSAIN ... PETITIONER in CMP(MD) No.3594 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5141 OF 2023 HAKKEEM ... PETITIONER in CMP(MD) No.3596 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5148 OF 2023 SAHUL HAMEED ... PETITIONER in CMP(MD) No.3598 of 2023 ...1ST RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)NO.5149 OF 2023 Vs THE PALANI MUNICIPALITY REPRESENTED BY ITS COMMISSIONER, PALANI, DINDIGUL DISTRICT. ... RESPONDENT IN CMP(MD)Nos.3280, 3322, 3303, 3309,3318, 3320, 3304, 3299, 3314, 3297, 3292, 3294, 3283, 3287, 3290, 3311, 3316, 3308, 3278 of ...PETITIONER/RESPONDENT IN CMP(MD)NO.5031, 5159, 5162 OF ...PETITIONER/2ND RESPONDENT/ 2ND RESPONDENT IN CMP(MD)NO.5141,5143, 5144, 5145, 5146, 5147, 5148, 5149, 5150, 5151, 5152, 5153, 5154 OF ...PETITIONER/RESPONDENT/RESPONDENT IN CMP(MD)NO.5155, 5157, 5158, 5161, 5166, 5169, 5170, 5171, 5172, 5174, 5177, 5178, 5179, 5180, 5181, 1 THE SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT SECRETARIAT,CHENNAI - 09.

...2ND RESPONDENT/1ST RESPONDENT/ 1ST RESPONDENT IN CMP(MD)NO.5141, 5143,5144, 5145, 5146, 5147,5148, 5149,5150, 5151, 5152, 5153, 5154 OF 2023 4/22

2 THE COMMISSIONER PALANI MUNICIPALITY, PALANI DINDIGUL DISTRICT.

... RESPONDENTS in CMP(MD)No.3608, 3609, 3601, 3604, 3612, 3593, 3582, 3584, 3587, 3589, 3594, 3596 & 3598 of 2023 PRAYER IN CMP(MD)No.3280 of 2023 IN WA(MD) No. 274 of 2023: Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop No.1, bearing Tax Assessment No.080/174 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal.

Prayer in CMP(MD). 5031/ 2023 :

To vacate the order of interim injunction dated 20-03-2023 made in CMP(MD).No. 3280/2023 in WA(MD).No. 274 of 2023 and thus render justice.

PRAYER IN WA(MD) No. 274 of 2023:

To set aside the order passed in WP(MD)No. 2974 of 2023 on the file of this Hon'ble Court.

Prayer in WP(MD). 2974/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Shop No.1, bearing Tax Assessment No.080/1741 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project. Prayer in CMP(MD) No.3322 of 2023 in WA(MD)No. 292 OF 2023: To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 12, Block No.4, bearing Tax Assessment No.

080/1752 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal Prayer in CMP(MD). 5182/ 2023 in WA(MD)No. 292 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3322 of 2023 in W.A.(MD).No.292 of 2023 and thus render justice.

Prayer in WA(MD)No. 292 OF 2023 To set aside the order passed i n WP(MD)No. 2992 OF 2023 dated 5/22

Prayer in WP(MD). 2992/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Pathivarai Kadai Shop No.12, Block No.4, bearing Tax Assessment No.1752 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project.

Prayer in CMP(MD) No.3303 of 2023 in WA(MD)No. 280 OF 2023: To pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop No.14, bearing Tax Assessment No.080/1754 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal.

Prayer in CMP(MD). 5162/ 2023 in WA(MD)No. 280 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3303 of 2023 in W.A.(MD).No.280 of 2023 and thus render justice.

Prayer in WA(MD)No. 280 OF 2023:

To set aside the order passed i n WP(MD)No. 2980 OF 2023 dated Prayer in WP(MD). 2980/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Shop No.14, bearing Tax Assessment No.080/1754 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project. Prayer in CMP(MD) No.3309 of 2023 in WA(MD)No. 288 OF 2023 : To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 5, bearing Tax Assessment No. 080/1745 at old VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal.

Prayer in CMP(MD). 5178/ 2023 in WA(MD)No. 288 OF 2023 : To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3309 of 2023 in W.A.(MD).No.288 of 2023 and thus render justice.

6/22

Prayer in WA(MD)No. 288 OF 2023:

To set aside the order passed i n WP(MD)No. 2988 OF 2023 dated Prayer in WP(MD). 2988/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Shop No.5, Block No. 4 bearing Tax Assessment No.080/1745 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project.

Prayer in CMP(MD) No.3318 of 2023 in WA(MD)No. 290 OF 2023: To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 1, Block No.4, bearing Tax Assessment No. 080/1760 at old VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal. Prayer in CMP(MD). 5180/ 2023 in WA(MD)No. 290 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3318 of 2023 in W.A.(MD).No.290 of 2023 and thus render justice.

Prayer in WA(MD)No. 290 OF 2023:

To set aside the order passed in WP(MD)No. 2990 OF 2023 dated Prayer in WP(MD). 2990/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Pathivarai Kadai Shop No.1, Block No.4, bearing Tax Assessment No.1760 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project.

Prayer in CMP(MD) No.3320 of 2023 in WA(MD)No. 291 OF 2023 : To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 2, block No.4 bearing Tax Assessment No. 080/1760 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal and thus render justice.

7/22

Prayer in CMP(MD). 5181/ 2023 in WA(MD)No. 291 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3320 of 2023 in W.A.(MD).No.291 of 2023 and thus render justice.

Prayer in WA(MD)No. 291 OF 2023:

To set aside the order passed in WP(MD)No. 2991 OF 2023 dated Prayer in WP(MD). 2991/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Pathivarai Kadai Shop No.2, Block No.4, bearing Tax Assessment No.080/1742 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project.

Prayer in CMP(MD) No.3304 of 2023in WA(MD)No. 287 OF 2023 : To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 6, bearing Tax Assessment No. 080/1746 at old Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal and thus render justice. Prayer in CMP(MD). 5177/ 2023 in WA(MD)No. 287 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3304 of 2023 in W.A.(MD).No.287 of 2023 and thus render justice.

Prayer in WA(MD)No. 287 OF 2023:

To set aside the order passed in WP(MD)No. 2987 OF 2023 dated Prayer in WP(MD). 2987/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Shop No.6, Block No. 4, bearing Tax Assessment No.080/1746 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project.

Prayer in CMP(MD) No.3299 of 2023 in WA(MD)No. 279 OF 2023 : To pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop No.3, bearing Tax Assessment No.080/1743 at VOC Bus Stand, Palani, Dindigul District 8/22

without providing alternate accommodation for the shops pending disposal of the instant writ appeal.

Prayer in CMP(MD). 5161/ 2023 in WA(MD)No. 279 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3299 of 2023 in W.A.(MD).No.279 of 2023 and thus render justice.

Prayer in WA(MD)No. 279 OF 2023:

To set aside the order passed in WP(MD)No. 2979 OF 2023 dated Prayer in WP(MD). 2979/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Shop No.3, bearing Tax Assessment No.080/1743 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project. Prayer in CMP(MD) No.3314 of 2023 in WA(MD)No. 289 OF 2023 : To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 9, bearing Tax Assessment No.

080/1749 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal. Prayer in CMP(MD). 5179/ 2023 in WA(MD)No. 289 OF 2023 : To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3314 of 2023 in W.A.(MD).No.289 of 2023 and thus render justice.

Prayer in WA(MD)No. 289 OF 2023:

To set aside the order passed in WP(MD)No. 2989 OF 2023 dated Prayer in WP(MD). 2989/ 2023 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Shop No.9, block No. 4, bearing Tax Assessment No.080/1749 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project.

Prayer in CMP(MD) No.3297 of 2023 in WA(MD)No. 278 OF 2023: To pass an order of interim injunction restraining the 9/22

respondent from evicting the petitioner from Shop No.10, bearing Tax Assessment No.080/1750 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal.

Prayer in CMP(MD). 5159/ 2023 in WA(MD)No. 278 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3297 of 2023 in W.A.(MD).No.278 of 2023 and thus render justice.

Prayer in WA(MD)No. 278 OF 2023:

To set aside the order passed in WP(MD)No. 2978 OF 2023 dated Prayer in WP(MD). 2978/ 2023 :

Prayer in CMP(MD) No.3292 of 2023 in WA(MD)No. 276 OF 2023: To pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop No.3, Block No.4,bearing Tax Assessment No.080/3007 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal.

Prayer in CMP(MD). 5157/ 2023 in WA(MD)No. 276 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3292 of 2023 in W.A.(MD).No.276 of 2023 and thus render justice.

Prayer in WA(MD)No. 276 OF 2023:

To set aside the order passed in WP(MD)No. 2976 OF 2023 dated Prayer in WP(MD). 2976/ 2023 :

Prayer in CMP(MD) No.3294 of 2023 in WA(MD)No. 277 OF 2023: To pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop in HPMC Shop No.4, Block No.4, bearing Tax Assessment No.080/1763 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal. Prayer in CMP(MD). 5158/ 2023 in WA(MD)No. 277 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3294 of 2023 in W.A.(MD).No.277 of 2023 and thus render justice.

Prayer in WA(MD)No. 277 OF 2023:

To set aside the order passed in WP(MD)No. 2977 OF 2023 dated Prayer in WP(MD). 2977/ 2023 :

Prayer in CMP(MD) No.3283 of 2023 in WA(MD)No. 275 OF 2023: To pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop No.3, bearing Tax Assessment No.080/3008 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal.

Prayer in CMP(MD). 5155/ 2023 in WA(MD)No. 275 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3283 of 2023 in W.A.(MD).No.275 of 2023 and thus render justice.

Prayer in WA(MD)No. 275 OF 2023:

To set aside the order passed in WP(MD)No. 2975 OF 2023 dated Prayer in WP(MD). 2975/ 2023 :

consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project Prayer in CMP(MD) No.3287 of 2023 in WA(MD)No. 285 OF 2023: To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 7, bearing Tax Assessment No. 080/1747 at old VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal. Prayer in CMP(MD). 5172/ 2023 in WA(MD)No. 285 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3287 of 2023 in W.A.(MD).No.285 of 2023 and thus render justice.

Prayer in WA(MD)No. 285 OF 2023:

To set aside the order passed in WP(MD)No. 2985 OF 2023 dated Prayer in WP(MD). 2985/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Shop No.7, block No.4 bearing Tax Assessment No.080/1747 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal and consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project.

Prayer in CMP(MD) No.3290 of 2023 in WA(MD)No. 286 OF 2023: To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 4, bearing Tax Assessment No. 080/1744 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal. Prayer in CMP(MD). 5174/ 2023 in WA(MD)No. 286 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3290 of 2023 in W.A.(MD).No.286 of 2023 and thus render justice.

Prayer in WA(MD)No. 286 OF 2023:

To set aside the order passed in WP(MD)No. 2986 OF 2023 dated Prayer in WP(MD). 2986/ 2023 :

Respondent served on the petitioner on 03.02.2023 issued in respect of Pathivarai Kadai Shop No.4, block No.4 bearing Tax Assessment No.080/1744 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal and consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project. Prayer in CMP(MD) No.3311 of 2023 in WA(MD)No. 282 OF 2023: To pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop No.15, Block No.4 bearing Tax Assessment No.080/1755 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal. Prayer in CMP(MD). 5169/ 2023 in WA(MD)No. 282 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3311 of 2023 in W.A.(MD).No.282 of 2023 and thus render justice.

Prayer in WA(MD)No. 282 OF 2023:

To set aside the order passed in WP(MD)No. 2982 OF 2023 dated Prayer in WP(MD). 2982/ 2023 :

Prayer in CMP(MD) No.3316 of 2023 in WA(MD)No. 283 OF 2023: To pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop No.8, bearing Tax Assessment No.080/1748 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal and thus render justice. Prayer in CMP(MD). 5170/ 2023 in WA(MD)No. 283 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3316 of 2023 in W.A.(MD).No.283 of 2023 and thus render justice.

Prayer in WA(MD)No. 283 OF 2023:

To set aside the order passed in WP(MD)No. 2983 OF 2023 dated 13/22

Prayer in WP(MD). 2983/ 2023 :

Prayer in CMP(MD) No.3308 of 2023 in WA(MD)No. 281 OF 2023 To pass an order of interim injunction restraining the respondent from evicting the petitioner from Shop No.13, bearing Tax Assessment No.080/1753 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant writ appeal.

Prayer in CMP(MD). 5166/ 2023 in WA(MD)No. 281 OF 2023 To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3308 of 2023 in W.A.(MD).No.281 of 2023 and thus render justice.

Prayer in WA(MD)No. 281 OF 2023:

To set aside the order passed in WP(MD)No. 2981 OF 2023 dated Prayer in WP(MD). 2981/ 2023 :

Prayer in CMP(MD) No.3278 of 2023 in WA(MD)No. 284 OF 2023: To pass an order of INTERIM INJUNCTION restraining the Respondnet from evicting the Petitioner from shops in Shop No. 11, bearing Tax Assessment No. 080/1751 at VOC Bus Stand, Palani, Dindigul District without providing alternate accommodation for the shops pending disposal of the instant Writ Appeal and thus render justice.

Prayer in CMP(MD). 5171/ 2023 in WA(MD)No. 284 OF 2023: To vacate the order of interim injunction dated 20-03-2023 made in C.M.P.(MD).No.3278 of 2023 in W.A.(MD).No.284 of 2023 and thus render justice.

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Prayer in WA(MD)No. 284 OF 2023:

To set aside the order passed in WP(MD)No. 2984 OF 2023 dated Prayer in WP(MD). 2984/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 5033/2018/A1 dated 11.01.2023 on the file of the Respondent served on the petitioner on 03.02.2023 issued in respect of Shop No.11, block No.4 bearing Tax Assessment No.080/1751 at VOC Bus Stand, Palani, Dindigul District and quash the same as illegal consequently forbear the respondent from evicting the petitioner without providing the Alternate shop and reinduction after the completion of the project.

Prayer in CMP(MD) No.3608 of 2023 in WA(MD)No. 332 OF 2023: To grant an order of interim injunction restraining the respondents in anyway disturbing the business of the petitioner in shop No.4 of Gandhi Market outside shop palani, Dindigul pending disposal of the above writ petition.

Prayer in CMP(MD). 5152/ 2023 in WA(MD)No. 332 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3608/2023 in WA(MD) No. 332 of 2023 and thus render justice Prayer in WA(MD)No. 332 OF 2023:

To set aside the order passed in WP(MD)No. 2767 OF 2023 dated Prayer in WP(MD). 2767/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.4) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3609 of 2023 in WA(MD)No. 333 OF 2023: To grant an order of INTERIM INJUNCTION restraining the respondents from evicting or distrubing the business of the petitioner in Shop No. 11 of Gandhi Market outside shop Palani, Dindigul District pending disposal of the above Writ Petition. Prayer in CMP(MD). 5153/ 2023 in WA(MD)No. 333 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3609/2023 in WA(MD) No. 333 of 2023 and thus render justice Prayer in WA(MD)No. 333 OF 2023:

To set aside the order passed in WP(MD)No. 2777 OF 2023 dated 15/22

Prayer in WP(MD). 2777/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.11) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3601 of 2023 in WA(MD)No. 330 OF 2023: To grant an order of interim injunction restraining the respondents in anyway disturbing the business of the petitioner in shop No.12 of Gandhi Market outside shop Palani, Dindigul on pending disposal of the above writ petition.

Prayer in CMP(MD). 5150/ 2023 in WA(MD)No. 330 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3601/2023 in WA(MD) No. 330 of 2023 and thus render justice Prayer in WA(MD)No. 330 OF 2023:

To set aside the order passed in WP(MD)No. 2778 OF 2023 dated Prayer in WP(MD). 2778/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.12) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3604 of 2023 in WA(MD)No. 331 OF 2023: To grant an order of interim injunction restraining the respondents in anyway disturbing the business of the petitioner in shop No.10 of Gandhi Market outside shop palani, Dindigul pending disposal of the above writ petition.

Prayer in CMP(MD). 5151/ 2023 in WA(MD)No. 331 OF 2023: To vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3604/2023 in WA(MD) No. 331 of 2023 and thus render justice Prayer in WA(MD)No. 331 OF 2023:

To set aside the order passed in WP(MD)No. 2776 OF 2023 dated Prayer in WP(MD). 2776/ 2023 :

Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari to calling for the record pertaining to the impugned order of the 2nd respondent in Na.Ka.no. 5033/2018/A1 (Shop no. 10) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. 16/22

Prayer in CMP(MD) No.3612 of 2023 in WA(MD)No. 334 OF 2023: To grant an order of interim injunction restraining the respondents in anyway disturbing the business of the petitioner in shop No.14 of Gandhi Market outside shop palani, Dindigul pending disposal of the above writ petition.

Prayer in CMP(MD). 5154/ 2023 in WA(MD)No. 334 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3612/2023 in WA(MD) No. 334 of 2023 and thus render justice Prayer in WA(MD)No. 334 OF 2023:

To set aside the order passed in WP(MD)No. 2780 OF 2023 dated Prayer in WP(MD). 2780/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.14) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3593 of 2023 in WA(MD)No. 327 OF 2023: To grant an order of INTERIM INJUNCTION restraining the respondents from evicting or distrubing the business of the petitioner in Shop No. 5 of Gandhi Market outside shop Palani, Dindigul District pending disposal of the above Writ Petition. Prayer in CMP(MD). 5147/ 2023 :

to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3593/2023 in WA(MD) No. 327 of 2023 and thus render justice Prayer in WA(MD)No. 327 OF 2023:

To set aside the order passed in WP(MD)No. 2771 OF 2023 dated Prayer in WP(MD). 2771/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.5) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3582 of 2023 in WA(MD)No. 323 OF 2023 : To grant an order of INTERIM INJUNCTION restraining the respondents from evicting or distrubing the business of the petitioner in Shop No. 7 of Gandhi Market outside shop Palani, Dindigul District pending disposal of the above Writ Petition. Prayer in CMP(MD). 5143/ 2023 :

to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3582/2023 in WA(MD) No. 323 of 2023 and thus render justice 17/22

Prayer in WA(MD)No. 323 OF 2023:

To set aside the order passed in WP(MD)No. 2773 OF 2023 dated Prayer in WP(MD). 2773/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.7) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3584 of 2023 in WA(MD)No. 324 OF 2023: To grant an order of INTERIM INJUNCTION restraining the respondents from evicting or distrubing the business of the petitioner in Shop No. 8 of Gandhi Market outside shop Palani, Dindigul District pending disposal of the above Writ Petition. Prayer in CMP(MD). 5144/ 2023 in WA(MD)No. 324 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3584/2023 in WA(MD) No. 324 of 2023 and thus render justice Prayer in WA(MD)No. 324 OF 2023:

To set aside the order passed in WP(MD)No. 2774 OF 2023 dated Prayer in WP(MD). 2774/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.8) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3587 of 2023 in WA(MD)No. 325 OF 2023: To grant an order of INTERIM INJUNCTION restraining the respondents from evicting or distrubing the business of the petitioner in Shop No. 13 of Gandhi Market outside shop Palani, Dindigul District pending disposal of the above Writ Petition. Prayer in CMP(MD). 5145/ 2023 in WA(MD)No. 325 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3587/2023 in WA(MD) No. 325 of 2023 and thus render justice Prayer in WA(MD)No. 325 OF 2023:

To set aside the order passed in WP(MD)No. 2779 OF 2023 dated Prayer in WP(MD). 2779/ 2023 :

Prayer in CMP(MD) No.3589 of 2023 in WA(MD)No. 326 OF 2023: To grant an order of INTERIM INJUNCTION restraining the respondents from evicting or distrubing the business of the petitioner in Shop No. 9 of Gandhi Market outside shop Palani, Dindigul District pending disposal of the above Writ Petition. Prayer in CMP(MD). 5146/ 2023 in WA(MD)No. 326 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3589/2023 in WA(MD) No. 326 of 2023 and thus render justice Prayer in WA(MD)No. 326 OF 2023:

To set aside the order passed in WP(MD)No. 2775 OF 2023 dated Prayer in WP(MD). 2775/ 2023 :

Prayer in CMP(MD). 5141/ 2023 in WA(MD)No. 322 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3594/2023 in WA(MD) No. 322 of 2023 and thus render justice.

Prayer in WA(MD)No. 322 OF 2023:

To set aside the order passed in WP(MD)No. 2768 OF 2023 dated Prayer in WP(MD). 2768/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.1) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3596 of 2023 in WA(MD)No. 328 OF 2023: To grant an order of INTERIM INJUNCTION restraining the respondents from evicting or distrubing the business of the petitioner in Shop No. 2 of Gandhi Market outside shop Palani, Dindigul District pending disposal of the above Writ Petition. Prayer in CMP(MD). 5148/ 2023 in WA(MD)No. 328 OF 2023: 19/22

to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3596/2023 in WA(MD) No. 328 of 2023 and thus render justice Prayer in WA(MD)No. 328 OF 2023:

To set aside the order passed in WP(MD)No. 2769 OF 2023 dated Prayer in WP(MD). 2769/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.2) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. Prayer in CMP(MD) No.3598 of 2023 in WA(MD)No. 329 OF 2023: To grant an order of interim injunction restraining the respondents in anyway disturbing the business of the petitioner in shop No.3 of Gandhi Market outside shop palani, Dindigul pending disposal of the above writ petition and thus render justice. Prayer in CMP(MD). 5149/ 2023 in WA(MD)No. 329 OF 2023: to vacate the order of interim injunction dated 20.03.2023 made in CMP(MD) No. 3598/2023 in WA(MD) No. 329 of 2023 and thus render justice Prayer in WA(MD)No. 329 OF 2023:

To set aside the order passed in WP(MD)No. 2770 OF 2023 dated Prayer in WP(MD). 2770/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the record pertaining to the impugned order of the 2nd Respondent in Na.Ka.No..5033/2018/A1 (Shop No.3) dated 11.01.2023 (received by the petitioner on 03.02.2023) and quash the same. ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of MR.LAJAPATHI ROY , Advocate for LAJAPATHI ROY & ASSOCIATES for the Petitioners in C.M.P(MD)Nos.3280, 3322, 3303, 3309,3318, 3320, 3304, 3299, 3314, 3297, 3292, 3294, 3283, 3287, 3290, 3311, 3316, 3308, 3278 of 2023 and Advocate for the Respondent in C.M.P(MD)Nos.

5031, 5141, 5143 to 5154, 5155, 5157 to 5159,5161, 5162, 5166, 5169 to 5172, 5174 and 5177 to 5182 of 2023 and of MR.N.MOHAN,Advocate for the petitioners in C.M.P(MD) Nos.3608, 3609, 3601, 3604, 3612, 3593, 3582, 3584, 3587, 3589, 3594, 3596 and 3598 of 2023 and of MR.L.P.MAURYA, Standing Counsel on behalf of the Respondents in all the petitions and Advocate for the Petitioner in C.M.P(MD)Nos.

(Order of the Court was made by R.SUBRAMANIAN, J.) Since we felt that the Municipality was not justified in issuing notices for demolition without considering the request of the appellants for alternative accommodation, we had injuncted the Municipality from proceeding further with the eviction process. 2.

It is now brought to our notice that the Municipality had passed orders on 07.04.2023 assigning alternative sites to various appellants. Each appellant has been allotted an area for about 80 square feet on the eastern side of the bus stand. 3.

Mr.Lajapathi Roy, learned Senior Counsel appearing for the traders would submit that the Municipality may have to earmark the land that has been allotted to the traders.

Mr.L.P.Maurya, learned counsel appearing for the Municipality would submit that earmarking has been done in the bus stand area and earmarking in Gandhi Market area will be done. 5.

Recording the said submission, the interim order already granted is vacated. Accordingly, all the petitions filed to vacate the injunction are allowed and the injunction petitions are dismissed.

sd/- 21/04/2023 / TRUE COPY / 03/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

bala TO 1 THE COMMISSIONER PALANI MUNICIPALITY PALANI, DINDIGUL DISTRICT.

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2 THE SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT SECRETARIAT, CHENNAI - 09.

+1 CC to M/s.L.P.MAURYA, Advocate ( SR-6447[I] dated 24/04/2023 ) +19 cc to M/S.T.LAJAPATHI ROY, Advocate SR-6476

ORDER

IN C.M.P(MD)Nos.3280, 3322, 3303, 3309,3318, 3320, 3304, 3299, 3314, 3297, 3292, 3294, 3283, 3287, 3290, 3311, 3316, 3308, 3278 of 2023 and C.M.P(MD)Nos.3608, 3609, 3601, 3604, 3612, 3593, 3582, 3584, 3587, 3589, 3594, 3596 and 3598 of 2023 & C.M.P(MD)Nos.5031, 5141, 5143 to 5154, 5155, 5157 to 5159, 5161, 5162, 5166, 5169 to 5172, 5174 and 5177 to 5182 of 2023 in W.A(MD)Nos.274, 322 to 334 and 275 to 292 of 2023 Date :21/04/2023 RK/CG/SAR-4(27/04/2023) 22P/23C 22/22