IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER THIRU.S.KARUPPIAH, JUDICIAL MEMBER F.A.No.54/2013 (Against the order made in C.C.No.61/2005 dated 09.02.2010 on the file of the District Forum,Thanjavur.)

MONDAY, THE 28^th DAY OF NOVEMBER 2022 P.N.Mohamed Kasim, S/o Nathar Sha Ravautar, 75-A, Kasturibai Road, Kumabakonam. Appellant/2^nd Opposite Party -Vs-

1. S.Pandian, B.A.,B.L.,Advocate, S/o G.Subramaniyan, T.S.No.2977/1-B, Dharga Diwan Street, Court Road, Thanjavur. 1st Respondent/1st Complainant

2. Dharmabal, W/o A.Arasu, 27, Neethi Nagar, Court Road, Thanjavur. 2nd Respondent/2nd Complainant

3. Lakshmanan, Dharga Diwan Street, Court Road, Thanjavur. 3rd Respondent/3rd Complainant

4. The Secretary, Thanjai Val Kannai Makkal Association, Neethi Nagar, Thanjavur. 4th Respondent/4th Complainant

5. The General Secretary, Insurance Corporation Employees Union, Thanjavur Division, Dharga Diwan Street, Court Road, Thanjavur. 5th Respondent/5th Complainant

6. E.K.K.Syed Moohamed, S/o Kadarsha Ravuthar, Mansoor Dharga Diwan Street, Court Road, Thanjavur. 6th Respondent/1st Opposite Party

7. Nagoor Gain, Velvarkottai, Vedachandur Taluk, Dindigul District. 7th Respondent/3rd Opposite Party

8. A.Abbas, Velvarkottai, Vedachandur Taluk, Dindigul District. 8th Respondent/4th Opposite Party

9. A.Mohamed Hussain, Ayan Reddiyapattai Village, Elangarkurichi Post, Manaparai, Trichy District. 9th Respondent/5th Opposite Party

10. Leela Rose, 14/3026, V.O.C.Nagar, Thanjavur. 10th Respondent/6th Opposite Party

11. The Municipal Commissioner, Thanjavur Municipality. 11th Respondent/7th Opposite Party

12. The District Collector, Thanjavur. 12th Respondent/8th Opposite Party Counsel for Appellant/Opposite Party-2 : Mr.S.Srinivasa Raghavan, Advocate. Counsel for Respondents-1to 5/Complainants-1to 5 : Mr.P.Ganapathy Subramanian, Advocate.

Counsel for Respondent-6/Opposite Party-1 : Given-Up.

Counsel for Respondents-7to9/Opp.Parties-3 to 5 : V.Shalini, Advocate.

Counsel for Respondent-10/Opposite Party-6 : Given-Up.

Counsel for Respondent-11/Opposite Party-7 : Mr.S.Pakalavan, Advocate.

Counsel for Respondent-12/Opposite Party-8 : Served Absent.

This appeal coming before us for final hearing on 13.09.2022 and upon perusing the material records, this Commission made the following:

ORDER

THIRU.S.KARUPPIAH, JUDICIAL MEMBER.

1. Aggrieved by the award passed by the District Consumer Disputes Redressal Commission, Thanjavur made in C.C.No.61/2005, dated 09.02.2010, this appeal has been preferred by the second opposite party alone. 2. The facts of the complaint is as follows:

The first to sixth opposite parties belonge to a family and they divided their properties by way of Registered Partition Deed dtm 14.03.1993. All this persons individually have many vacant sites and buildings in the T.S.No.38 and its sub divisions and T.S.No.2977/1 which is known as Mansoor Dharga Diwan Street and Neethi Nagar. The first to sixth opposite parties individually sold their respective space and portion of vacant site to the complainants. And the complainants purchased via separate sale deeds dated 31.03.2000 and 26.02.1998. At the time of purchase the first to sixth opposite parties informed the complainants that they will provide sufficient space for streets, and also would make necessary street lights, and other amenities. They also assured that, to form street they have donated land to the 7^th opposite party, the Municipal Commissioner as well as 8^th opposite party the District Collector. But, inspite of such promise the streets were not formed and maintained properly by the opposite parties. During the rainy season the entire area become water stagnated and there is no proper drainage. Apart from that, the second opposite party encroached upon the drainage and the encroachment is liable to be removed .Since the first to sixth opposite parties failed to make proper street facilities, street lights, dr