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2016 Supreme(Mad) 571

SANJAY KISHAN KAUL, M.M.SUNDRESH
Executive Officer, Kothagiri Town Panchayat – Appellant
Versus
Kothagiri Nadaipathai Small Merchants Association – Respondent


Advocates Appeared:
For the Appearing Parties :Bhavani Subarayan, R. Sankarasubbu, Advocates, V.R. Kamalanathan, Additional Govt.Pleader.

JUDGMENT :

M.M. Sundresh, J.

1. As the issue involved in all these matters is one and the same, they have been taken up together and disposed of by a common judgment. For the sake of convenience, the parties are referred to as arrayed in W.A.No.1186 of 1999.

2. Respondent No.1 filed a writ petition in W.P.No.3150 of 1990 seeking a writ of mandamus directing the appellant and respondent No.2 to assign the land individually occupied by its members by running their respective shops. The learned single Judge allowed the said writ petition by order dated 7.9.1998 on the ground that the appellant, having indulged in the practice of receiving fees and the members of respondent No.1 were making representations from 1985 onwards they should be assigned the respective lands occupied by them. Consequently, the appellant and respondent No.2 were given liberty to fix the rent or fees for the respective shops.

3. Being aggrieved over the order aforesaid, Writ Appeal No.1186 of 1999 has been filed. Pending the Writ Appeal, notices have been issued by the appellant to the members of respondent No.1 Association to remove the respective shops put up by them in the land belonging to it on the road, so as






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