JUDGMENT

The Judgments and decrees passed in O.S.No.199 of 1996 on the file of the Additional District Munsif Court, Tiruchendur and in A.S.No.153 of 1999, on the file of the Principal District Court, Tuticorin, are being challenged in the present Second Appeal.

2.The appellant herein as plaintiff instituted a suit in O.S.No.199 of 1996 on the file of the trial Court against the respondent for mandatory injunction directing the respondent/defendant to remove the construction already made in the schedule property within the time fixed by this Court, failing which, to have the same done through Court at the expenses of the defendant and for permanent injunction restraining the defendant, its men, agents, servants from putting up any construction in the schedule property and for costs.

3.For the sake of convenience, the parties are referred to as, as described before the trial Court.

4.According to the plaintiff, the schedule property was within Shri Subramaniaswami Thirukoil premises. The said land was acquired by the Government for the purpose of construction of a ground level service reservoir under the composite water supply scheme for Kayalpattinam and other villages and the land acq