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2021 Supreme(Mad) 3480

G.CHANDRASEKHARAN
Ariznar Anna Taxi Drivers and Owners Association Represented by its Secretary Alex @ M. D. Salamon, S/o. Devasanan – Appellant
Versus
Commissioner Gobichettipalayam Municipality, Gobichettipalayam, Erode District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.N.Manoharan
For the Respondent: Mr.B.Anand

JUDGMENT :

This Second Appeal is directed against the judgment of the learned Sub Judge, Gobichettipalayam, in A.S.No.5 of 2017 confirming the judgment of the learned District Munsif, Gobichettipalayam in O.S.No.248 of 2010.

2. It is the case of the appellant that appellant/plaintiff filed the suit for the relief of permanent injunction restraining the respondent from interfering with the appellant's use of suit property as taxi stand till the respondent allots a specified place. Appellant was registered as Society No.14/1999 on 15.03.1999. There are 90 members in the society and taxi owners and taxi drivers are the members of this society. Appellant's society is functioning outside Gobichettipalayam town bus stand near Urban Bank building. They put up a shed and parking their cars. That place belongs to respondent's Municipality. Originally, they put up thatched hut. When Mr.Ansul Mishra, the Sub Collector, Gobichettipalayam, came for inspection, he instructed the change of shed as iron shed to avoid fire accident. For the past over 45 years, the appellant is using the place in and around Gobichettipalayam town bus stand as a parking place (i.e taxi stand) for parking their taxis. T

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