O R D E R

According to the petitioner, petitioner is the absolute owner and in possession of the immovable property bearing Door No.285 – E1 to E12, Sai Coimplex, Ooty-Metupalayam raod, Mettupalayam, Coimbatore District having purchased the same vide sale deed, dated 6.6.1962 and registered as Doc. No.3416/1962. The petitioner has constructed a building after obtaining due planning permission from the third respondent. The petitioner also paid property tax. The petitioner has rented the complex to Bank, Hotel, Mobile shop and ready made dresses store.

2. According to the petitioner, there was a public drainage running from the elevated level i.e. emanated near the bus stand and drained in the Bhavani river. The said drainage is lying on the eastern side of the North South Ooty main road and running in front of the complex. It is stated that in some places, it was a closed drainage and in some places it was an open drainage. During the year 2008, the second respondent carried out the works of widening the said road and during the course of the work, the above said public drainage got filled with mud and silt in various places and due to that the drainage water is passing in open in s