JUDGMENT :

G. Jayachandran, J.

(The case has been heard through video conference)

1. The Appellant herein is the Additional Divisional Engineer, State Highways Department. The Second Appellant has been impleaded pending appeal since the suit subject road now been upgraded as National Highways. Aggrieved by the Lower Appellate Court judgment and decree, the instant Second Appeal is filed.

2. The respondents herein 2 to 6 filed the suit seeking the relief of permanent injunction in respect of the property situated at Thirupattur Town of erstwhile North Arcot District, in Survey Number No. 334/5, Block No. 13, Ward 1 abutting the Vaniyambadi Road. The suit came to be filed alleging that the staff and Officials of the Highways Department threatening to demolish the shops in the Suit schedule property alleging that it has been encroached upon the Highways road. Whereas, the property is a Patta land in their possession and enjoyment.

3. Earlier the tenants in the suit property filed a suit for permanent injunction in O.S. No. 919/1987. Interim relief of injunction against the Highways Department was obtained. After 10 years, the suit was dismissed as not maintainable. Thereafter, the present