1. This Civil Revision has been preferred under Article 227 of the Constitution of India, seeking an order to strike off the suit in O.S.No.14 of 2011, pending on the file of the Additional Sub-Court, Chengalpet.

2. The petitioner is the third defendant in the suit. The suit was filed by the first respondent in the name of the people of No.29, Mambakkam village, Chengalpet Taluk, represented by (1) Mr.S.Lakshmipathi Naidu (2) Mr.G.Selvam and (3) Mr.S.Jaganathan against Mambakkam Village panchayat represented by its President, the petitioner herein and three others, seeking (1) for permanent injunction restraining the said defendants, their men, officials, contractors, agents and servants etc., from in any way converting the suit 'B' schedule property into a road; (2) for mandatory injunction directing the first defendant, Mambakkam village panchayat to maintain 'B' schedule property as part of "Nallathaneer Kulam" and for costs.

3. Admittedly, "B" schedule property is a Government poromboke land vested with the panchayat union, under the maintenance of Mambakkam village panchayat. The petitioner herein has averred in the grounds of the Revision that the suit was filed without getting permission, as required under Order 1 Rule 8 of the Code of Civil Procedure and further, it is stated that the suit is not legally maintainable.

4. Mr.P.V.Muralidhar, learned counsel appearing for the petitioner submitted that the three persons, claiming to be representative of body of Mambakkam village and filing the suit is against law and they have no locus standi to file the suit against the petitioner / defendant and the elected village panchayat President and others, however, they got exparte interim order, which is perverse, since the suit filed itself is an abuse of process of law. The petitioner / D3 has come forward with the revision petition, invoking Article 227 of the Constitution of India, seeking an order to struck off the suit, on the ground of abuse of process of law.

5. Learned counsel appearing for the Revision petitioner drew the attention of this Court to the copy of the proceeding, dated 10.07.2010 passed by the President and members of Mambakkam Panchayat Board. It has been communicated in the letter head of the President of Mambakkam panchayat, whereby it is informed by the President of Mambakkam village panchayat that the Panchayat Board has passed Resolution No.180, dated 10.07.2010, raising no objection to form a road for the public in S.No.47 of the village. The Tahsildar, Chengalpet, by his proceeding, dated 11.08.2010 has stated that the land in S.No.47 of Mambakkam village is on the banks of the Natham pond and that could be used as road by the public. It is seen that the same was also communicated to the petitioner / D3.

6. The authorisation letter, dated 12.01.2011 of the President of Mambakkam village panchayat and a copy of the letter sent by Tahsildar to the Block Development Officer, Thiruporur are also available in the typed set of papers. The panchayat President of Mambakkam has stated that the land in S.Nos.143/2, 143/3, 144/2 and 149 have been approved as house sites. In order to reach the said house sites, the land in S.No.47 of the said village could be used as road and the village panchayat has no objection for forming a 'Thar road'. As per the proceedings, dated 13.01.2011 in e/f/vz;/ 2659/09/M1. Block Development Officer, Thiruporur panchayat union has stated that the available mud road, on the banks of the village pond, available in S.No.47, village natham be converted into Thar road. However, the proceeding reads that the breadth of the road should not be less than 3.75 metres and the proceeding was also communicated to the revision petitioner.

7. Mr.P.V.Muralidhar, learned counsel appearing for the petitioner / D3 submitted that Thar road is properly being formed at the cost of the petitioner / D3 for the benefit of the entire villagers, including the plaintiff, the three villagers.