Action of Governmetn held arbitrary.

The Order of the Court was as follows :

These five writ petitions raise common questions and hence they are taken up together and disposed of by a common order. For the sake of convenience, I propose to refer to the facts in W.P. No. 5513 of 1992.

2. According to the petitioner in W.P. No. 5513 of 1992, he has been carrying on business since 1970 under the name and style of S.A.B. Stores in Shop No. 2, Block No. 110 in the site belonging to the Government situated near Coonoor Bus Stand falling within the municipal limits of Coonoor Municipality. It is the case of the petitioner that he has invested considerable sums of money in the business and has also obtained licence for running the business for the year 1992-93 and also obtained a Drug Licence under the provisions of Drugs and Cosmetics Act. It is stated by the petitioner that on 11-4-1992 without any notice and justification, the 1st respondent and an army of revenue and police officials demolished his shop and 22 other shops by using Buldozer. It is also stated that the stock-in-trade were thrown on the streets and all the shop owners were subjected to humiliation and ignominy. The petitioner would state that no notice was issued to him either under the Tamil Nadu Encroachment Act or under any other law to evict them from the place occupied by them. According to the petitioners, the demolition of the shops belonging to them is not only illegal but also high-handed.

3. On the basis of the above averments, the petitioner has sought for a writ in the nature of mandamus for the following relief:-

"To forbear the respondents or any authorities claiming on their behalf from in any way interfering with the possession and enjoyment of the land of an extent of about 160-200 Sq. Ft., in which the demolished shop No. 2 in Block No. 110, of the petitioner situated near Coonoor Bus Stand in the strip of land adjoining the river side of the new bridge (near bus stand area), Coonoor Town, The Nilgiris District; to direct the respondents to restore the building and structure as stood prior to 11-4-1992 of the said shop, and to direct the respondents jointly or severally to pay the compensation of Rs. 5 lakhs for demolition and destruction of the said shop and the stock-in-trade of the business carried on by the petitioner under the name and style of SAB Stores in the said shop, on 11-4-1992."

4. W.P. No. 5514 of 1992 is filed by one Iqbal making similar averments. According to him, he is in occupation of Shop No. 1, Block No. 110. Similarly, W.P. No. 5659 of 1992 was filed by one I. Venkatasubramani. He claims that his father was allotted an extent of 200 Sq. Ft. of land in R. S. No. 2185/1 in or about 1960-61. The site plan as well as the building permit were approved in 1962 for constructing a building. Originally, his father was carrying on Tea Stall business and after his demise, he is carrying on the said business. It is stated by him that he has been assessed to house-tax and his application for permanent assignment was pending. He would also state that on 11-4-1992, the 1st respondent accompanied by army of officials demolished his shop unauthorisedly and illegally.

5. W.P. No. 5660 of 1992 is filed by one K.I. Vargheese, who claims to carry on business, a General Stores and Bakery, in Revenue Survey No. 2185 for the past 12 years in the Coonoor Bus Stand. His grievance is the same like that of the other petitioners.

6. W.P. No. 5661 of 1992 is filed by one P. Nanjundiah claiming to be an allottee of a site of 240 Sq. Ft. in R.S. No. 2185/1 in or about 1973. He is carrying on a business by name Nanjundeswara Milk and Coffee Bar. His grievance is also the same like that of the other petitioners.

7. The petitioners in W.P. Nos. 5514 and 5659 to 5661 of 1992 also prayed for a writ of mandamus forbearing the respondents from in any way interfering with their possession and enjoyment of the respective shops situate near Coonoor Bus Stand. They also prayed for restoration of the