The Madurai Municipal Council through its Executive Authority the Commissioner who is the first defendant in the suit is the appellant before this Court. The respondents herein were served but they remain absent. The suit filed by the plaintiffs 1 to 5 was for a mandatory injunction directing the defendants, i.e., the Madurai Municipality and also the State of Madras through the District Collector, Madurai to remove the latrines and septic tanks in T.S. No. 2003/1-A in West Madurai and keep the said site as a road and also for a permanent injunction restraining the Municipality and its servants from dumping rubbish in the said road by the side of the house sites of the plaintiff. It is unnecessary for me to deal elaborately with the facts of the case. Suffice it to say that the Municipality acquired the portions from the plaintiffs for the purpose of having a scheme road. In that portion acquired, the Municipality has constructed a public lavatory with septic tanks in the portion marked in the plaint plan. The plaintiffs object to the construction of the latrine and the septic tanks on the ground that since the acquisition is for forming a public road, the Municipality s