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2008 Supreme(Mad) 349

ELIPE DHARMA RAO, K.SUGUNA
Kanagam & Others – Appellant
Versus
The Commissioner, Coimbatore Corporation, Coimbatore & Others – Respondent


Advocates Appeared:
For the Appellants :R. Gandhi, Senior Counsel for R.G. Narendhiran, Advocate.
For the Respondents:R. Sivakumar for R1, P. Subramaniam, G.A., for R2 to R4, C.V. Vijayakumar for T.R. Rajaraman for R5, Advocates.

Judgment :-

The above Writ Appeal is directed against the common order of the learned single Judge dated 20.07.2005 made in W.P.No.18228 of 1994 along with two other writ petitions.

2. The case of the writ petitioners was that the property situated in T.S.No.936, T.P.Scheme, No.8 Race Course Road, Coimbatore, originally belonged to one Thandavan Chettiar and that by separate sale deeds executed in the year 1975, the various plots laid out in the said survey number were sold to them by the said Thandavan Chettiar and the said lay out also provided for a passage of 20 feet width. While the said private passage belongs to the petitioners, who purchased different plots sold out by the late Thandavan Chettiar with their rights to use it as a private passage to approach their respective plots from the main road, respondents 5 and 6 got a plan sanctioned in their favour by the Corporation of Coimbatore by allegedly showing this private passage which is adjacent to their property. Hence, the writ petition.

3. After hearing both sides, the learned single Judge dismissed the same along with other two petitions; against which, some writ petitioners have filed the present appeal.

4. Heard t

























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