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2017 Supreme(Mad) 2335

PUSHPA SATHYANARAYANA
M. Jesu Antony Arulraj – Appellant
Versus
President, Kommadikottai Panchayat – Respondent


Advocates Appeared:
For the Appellant : Mr. R. Balakrishnan.
For the Respondents: Mr. Raja Prabhakaran, Mr. K. Mariappan, Mr. S. Sathish Kumar.

JUDGMENT :

1. The plaintiffs are the appellants. The suit was filed for permanent injunction restraining the first defendant from interfering with the peaceful possession and enjoyment of the suit property by the plaintiffs, by encroaching and blocking the passage of the schedule property in any manner and for mandatory injunction directing the first defendant to remove unlawful construction put up in front of the schedule property by blocking the passage measuring an extent of 8.58 feet in width and 15.18 feet in length.

2. The suit property is the ancestral property of the plaintiffs, having inherited the same as legal heirs. The plaintiffs are in peaceful possession and enjoyment of the same. Presently, the plaintiffs are residing in Chennai due to their avocation and visiting the suit property at regular intervals. The suit property is the Punja land having 35 feet frontage facing Tiruchendur to Thisaiyanvillai Road. The first defendant, who is the President of the Kommadikottai Panchayat, planned to construct a bus-stop in front of the plaintiffs' land. The plaintiffs were trying to stop the same. However, it is stated that the first defendant had attempted to encroach the front










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