ROAD INSPECTOR, HIGHWAYS DEPARTMENT Vs. AMSA AMMAL

JUDGEMENT

(1.) The defendants in OS No.297 of 2005, who suffered a decree for declaration, permanent injunction and mandatory injunction directing them to close the drainage channel that was dug in the plaintiff's property viz. Survey No.120/4B measuring about 1 acre 4 cents have come up with this Second Appeal.

(2.) The suit was laid by the plaintiff on the contention that she is the owner of land measuring about 1 acre 4 cents in Survey No.120/4B of Alli Nagar Village, Polur Taluk, Thiruvannamalai District. The said property was allotted to her husband in the family partition that took place on 25.07.1986. The plaintiff would contend that the defendants had dug up a drainage channel in her property of a width of 6 feet, for a length of 5.6 metres.

(3.) According to the plaintiff, she being the owner of the property, the defendants have no right to dig up a drainage channel across her property. Claiming that there was an urgency in seeking a relief of injunction, the plaintiff had also sought for dispensing with notice under Section 80 and the same was granted by the Trial Court.