The unsuccessful defendants, who are representing themselves and representing the Villagers of Kariaperumalpudur, Sivanaikenpatty Village, Namakkal Taluk in both the Courts below are the appellants. The plaintiff filed the suit for a mandatory injunction to remove RSTU construction portion stated to have been constructed on the Panchayat road and for a declaration that neither the defendants nor the Villagers have any right to obstruct access to the road from any point at the CD level of the plaintiffs property and also for an injunction from putting up any obstruction.

2. The case of the plaintiff is that on the Eastern side of his property comprised in Survey No.291/2AA there is a Municipal road running North to South and just in front of his access to the road from his property. The defendants have put up the construction, wherein they are keeping certain articles and materials belong to the temple of the Village. Since it obstructs his right of free iggress and egress to his property and on the basis that the said construction has been put up on the Municipal road, which is used as a road by public, the suit was filed. The defense by the defendants was that it was