N. Sathish Kumar, J.

The suit is filed for recovery of possession of suit property and for the damages thereon at the rate of Rs.10,000/- per month for use and occupation from the date of plaint till the date of recovery of possession.

2. The brief facts of the case of the plaintiff are as follows:

The plaintiff is a temple governed and controlled by the Hindu Religious and Charitable Endowments Department (in short "HR&CE"). The defendant is the Chief Engineer, Highways Department, Government of Tamil Nadu.

2.1. According to the plaintiff temple, they are the absolute owners of land in Survey No.25/2 measuring 29 cents, situate in Thiruvanmiyur village and the same was encroached upon by the defendant for the expansion of Madras - Mahabalipuram Highway popularly known as East Coast Road, without following due process of law. Therefore, the plaintiff temple issued a legal notice dated 11.12.2004 under Section 80 CPC to the defendant calling upon him either to return the land or to pay compensation. Since no action was taken by the defendant, it is claimed that the plain