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2009 Supreme(Mad) 3254

R.SUDHAKAR
K. Kandasamy & Others – Appellant
Versus
The President Kannampalayam Town Panchayat & Another – Respondent


Advocates Appeared:
For the Petitioners:P. Valliappan, Advocate.
For the Respondents:V.R. Thangavelu, Government Advocate.

Judgment :-

Three persons viz., K.Kandhasamy, K.N.Sadhasivam and K.P.Palanisamy have filed the suit in O.S.No.3 of 1998, O.S.No.4 of 1998 and O.S.No.8 of 1998 respectively before the District Munsif Cum Judicial Magistrate Court, Palladam. All the above three persons are the revision petitioners/plaintiffs, claiming to be the owners of house property in Kadakkadu, Appachigounder Street, Kannampalayam, Palladam Taluk. The respondents panchayat took steps to lay the drainage and therefore a survey was made. According to the respondents, the revision petitioners/plaintiffs have encroached certain portion of the road margin. The case of the revision petitioners/plaintiffs is that they have not encroached the road margin.

2. According to the revision petitioners/plaintiffs the lands are promboke land and they are entitled to assignment and for the same appropriate application is pending before the competent authority. Fearing threat of a demolition and interference by the respondents, the above said three persons filed the three suits as above for permanent injunction. Written statement has been filed by the respondents, denying the averments made in the plaint.

3. Pending suits, the re




















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