JUDGMENT :

K. Rajasekar, J.

(Prayers: Second Appeal is filed against the Judgment and Decree made in A.S. No.256 of 1997, dated 25.10.2000 on the file of the Principal District Judge of Coimbatore by confirming the judgment and decree made in O.S. No.25 of 1988, dated 29.07.1997 on the file of II Additional District Munsif, Coimbatore.

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other Writ or Direction or Order directing the first respondent, the Commissioner, Coimbatore City Municipal Corporation to evict the encroacher, who has encroached upon the public road in the approved VVC Layout, situated in Coimbatore City Municipal Corporation, Ward No.25, measuring 220 feet length and 40 feet wide, which is mentioned as Corporation Road in the Corporation Town Planning records.

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari or any other appropriate Writ, Order or Direction calling for the records relating to the proceedings pursuant to the notice dated 05.07.2021 under Section 258(1) and 441 of the Coimbatore City Municipal Corporation Act of the first respondent herein and quash the same.)

1. The plaintiff/ Appellant herein has filed this second appeal to set aside the decree and judgment passed in O.S.No.25/88, dated 29.07.1997, on the file of II Additional District Munsif Judge, Coimbatore, and to set aside the decree and judgment passed in A.S. No.256/1997, dated 25.10.2000 by the Principal District Judge, Coimbatore.

2. The relief sought for in the writ petition in W.P. No.13862 of 2017 is to direct the first respondent, the Commissioner, Coimbatore City Municipal Corporation to evict the encroacher, who has encroached upon the public road in the approved VVC Layout, situated in Coimbatore City Municipal Corporation, Ward No.25, measuring 220 feet length and 40 feet wide, which is mentioned as Corporation Road in the Corporation Town Planning records. Similarly, the relief sought in the writ petition in W.P. No.14501 of 2021 is to call for the records relating to the proceedings pursuant to the notice dated 05.07.2021 under Section 258(1) and 441 of the Coimbatore City Municipal Corporation Act of the first respondent herein and quash the same.

3. The subject matter of this second appeal and writ petitions relating to claiming right over the lands situated on the eastern side of plot nos.9 and 10 of the Verivadu Chettiar Layout, Ward 25, Coimbatore City. Hence all the matters heard together and common Order is hereby passed.

4. The plaintiff / appellant in the second appeal is the purchaser of one of the housing plot numbered as 9' in an approved layout called Verivadu Chettiar layout (VVC layout) as per sale deed dated 14.12.1998. On the eastern side of his plot, there is 40 feet north-south scheme road was running, this road is part of the layout. The roads formed in the housing layout were gifted in favour of the Municipality of Coimbatore. The defendants 1 to 7 are the promoters of the layout and they have sold various plots to various persons. The plaintiff stated that, on the eastern side of his plot, road was earmarked in the layout and the defendants were attempting to sell the road portion. There was a temporary watchman shed, which was not removed by the promoters from the road portion. They have put up a barbed wire, fencing the portion of the road on the eastern side of the plaintiff's plot. The Commissioner of the Corporation was also added as a party, since the Corporation has not taken any steps to remove the encroachment inspite of request made by the plaintiff. Since, the public road has been encroached, the petitioner has come forward to file suit against the promoters and the Commissioner of Corporation, seeking permanent injunction from altering the physical features of the road and mandatory injunction to remove the encroachments.

5. The Defendant No.6 filed written