The Madras High Court Bench here on Friday fixed an ultimatum for vacating 10 shopkeepers who had been occupying the sides of the hilly pathway leading to Sri Dhandayuthapaniswamy Temple in Palani in Dindigul district. They had been squatting on the property for nearly 14 years though their lease period had expired in 2000.
A Division Bench comprising Justices V. Ramasubramanian and V.M. Velumani vacated an interim stay granted by another Division Bench in favour of the shop owners in January this year and dismissed a writ petition filed by them. The judges also directed the petitioners to file an affidavit in the court by March 18 undertaking to vacate the shops within 30 days.
Writing the judgement for the Bench, Mr.Justice Ramasubramanian pointed out that the shopkeepers had lost the legal battle in 2000 itself when the High Court rejected their plea to continue the lease. Nevertheless, then the court gave them 45 days’ time to vacate the shops. Taking advantage of the concession, the petitioners had continued for nearly 14 years.
Stating that after the dismissal of the present writ appeal too, the appellant’s counsel sought 30 days’ time to vacate the shops, the judge said: “This only reminds us of the proverb — once bitten, twice shy.” In order to ensure that the shop owners vacate the shops this time without hoodwinking the court, the judge ordered them to swear an affidavit.
He recorded the submission of the counsel for the temple, K. Govindarajan, that after the completion of the 45 days granted by the court in 2000, the temple management had issued notices to the shopkeepers. But they dragged the issue by filing appeals after appeals before the statutory authorities concerned before approaching the court with the present writ petition.
Holding that the petitioners had exhausted all legal remedies available to them and the authorities concerned too had followed the procedures scrupulously, the judge said the petitioners must bear in mind that “at one point of time or the other, every lease or licence should come to an end, including the right to live in this world”.
