GOVINDA ASARI Vs. KANCHEEPURAM MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS is an appeal from the learned District Judge of Chengalpattu, allowing A.S. No. 134 of 1974 filed by the Kancheepuram Municipal Council, the defendant in the suit, and setting aside the judgment and decree of the learned Subordinate Judge of Kancheepuram and dismissing O.S. No. 43 of 1793 on the file of the Sub-Court, Kancheepuram.

(2.) THE appellant herein is the owner of a workshop and a petrol bunk situate in T.S. No. 1770/1 of Kancheepuram Town, and abutting on a public street comprised in T.S. No. 1784 and T.S. No. 1770|2. It is alleged in the plaint that the plaintiff has been conducting a workshop in the western portion of the aforesaid T.S. No. 1770/1 for more than thirty years prior to the institution of the suit. THE approach to his property is through the public street, now called Bus Stand Road, and formerly known as Maduran Thottam Road. This road has been in existence as a public street from time immemorial. THEse facts alleged in the plaint have not been specifically denied in the written statement and are also supported by the admissions of D.W. 1, and, therefore, we may take it as established that the public street on the northern portion of T.S. No. 1785 and comprised in T.S. No. 1784 and the western part of T.S. No. 1770/2 has been used by the public as a public street and by the plaintiff as the owner of the adjacent property in exercise of his right as an owner of the private property for more than thirty years.

(3.) UNDER section 165 of the Tamil Nadu District Municipalities Act, 1920: "(1) The Council may acquire - (a) any land required for the purpose of opening, widening, extending, or otherwise improving any public street, or of making any new public street, and the buildings, if any, standing upon such land;......". The acquisition of T.S. No. 1785 was for the purpose of widening the public street originally comprised in T.S. No. 1784 and a part of T.S. No. 1770|2. Therefore, the street new covering T.S. Nos. 1784, 1785 and a part of T.S. No. 1770|2 is a public street within the meaning of section 3 (21) of the Tamil Nadu District Municipalities Act.