Second appeal is by the second defendant who got herself impleaded in O.S. No.98 of 1979, on the file of the Principal District Munsif s Court, Cuddalore.

.2. The suit filed by the plaintiff, first respondent herein, was against the Cuddalore Municipality represented by its Commissioner. It was a suit for mandatory injunction to direct the Municipality to remove the obstruction caused by the appellant herein, by constructing a hut in front of the plaintiff s house. The allegation was that the construction caused obstruction to his access to the highway, and that the construction is in a poramboke 1and belonging to the Municipality. It was averred that the appellant is a trespasser, and that it was without permission of the Municipality, she has constructed the hut. Even though various demands were made to the Municipality to remove the hut, the Municipality did not take any action. Hence the suit was filed by the plaintiff, seeking a mandatory injunction to take steps to remove the unauthorised construction.

3. In the written statement filed by the Municipality, it is said that they have issued notice to the encroach-ers under Sec. 182 of the Tamil Nadu Municipalities A