Judgment.-The defendant Municipality is the appellant in the second appeal . The respondent herein filed a suit to declare that the notice dated 12th January, 1967 is bad, illegal, ultra vires and without jurisdiction and also for an injunction to restrain the defendant from proceeding to implement the said notice.

2. In the plaint, it was stated that the plaintiff is carrying on a hotel business in the building comprised in T.S. Nos. 1, 2 and 311 in Ward Nos. 8 and 9 of Karaikudi. He is carrying on a hotel business under the name and style of “S.P.P. Sitrundi Nilayam” and the whole building has been assessed under one assessment. T.S. No. 311 is described as channel poramboke and B memos. Were initially granted and thereafter it was granted under a lease to him. In 1964, the defendant issued a notice to dismantle the thatched portion in T.S. No. 311 stating that it is a public street which vested in the Municipality and it is an encroachment. The plaintiff filed O.S. No. 77 of 1964 for a permanent injunction and it was decreed. Thereafter the defendant refused to grant licence for his hotel business on the ground that the business was carried on in an encroached portion. Again plai

Click Here to Read the rest of this document