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2009 Supreme(Mad) 1873

M.DURAISWAMY
S. Guruswamy Gounder & Others – Appellant
Versus
Tamil Nadu Govt. rep. by District Collector & Others – Respondent


Advocates Appeared:
For the Appellants:D. Krishnakumar, Advocate.
For the Respondents: R1, M. Muthian, Spl.govt.Pleader (C.S).

Judgment :-

1. The above Second Appeal arises against the judgment and decree in A.S.No.215 of 1998 on the file of I Additional District Judge cum Chief Judicial Magistrate, Erode reversing the Judgment and decree in part and confirming the rest of the Judgment and Decree in O.S.No.1277 of 1990 on the file of II Additional District Munsiff Court, Erode.

2. The plaintiffs have filed the suit for the following relief:

(i) For a mandatory injunction directing the first defendant to cancel the grant of sites numbered as 1, 2, 3 and 30 in the layout of S.F.Nos.90/30-B and 90/1-B of Nasianur Village in Erode Taluk (Amended as per order in I.A.No.99/96 dated 17. 96);

(ii) for a perpetual injunction restraining the first defendant from granting the 5 sites marked as F-31 in the layout of SF.No.90/3-B of Nasianur Village in Erode Taluk (Amended as per order in I.A.No.99/96 dated 17. 96);

(iii) for a mandatory injunction directing the 1st defendant to provide a bridge or culver to enable mechanised transport like tractors, trailers, lorries and carts, cattle and men to pass through from SF No.90/3-C to SF No.90/1-B of Nasianur Village and (iv) for payment of cots by the first defendant.

3. Th



























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