O N NATARAJAN Vs. MUNICIPAL COUNCIL TURAIYUR

JUDGEMENT

(1.) THE plaintiffs in O.S. No. 598 of 1981 on the file of the District Munsif of Turaiyur are the appellants in S.A. No. 2146 of 1986. THE plaintiff in O.S. No. 1829 of 1980 on the file of the same court is the appellant in S.A. No. 2147 of 1986. THE defendant in both the suits is the respondent in these second appeals. THE second plaintiff in O.S. No. 598 of 1981 and the plaintiff in O.S. No. 1829 of 1980 is the wife of the first plaintiff in O.S. No. 598 of 1981. For the sake of convenience the parties are referred to by the nomenclature given to them in the suit, O.S. No. 598/81.

(2.) THE plaintiffs filed the suit O.S. No. 598 of 1981 for mandatory injunction for directing the defendant to remove the fence put up by the defendant on the southern boundary of the suit properties, for a permanent injunction restraining the defendant, his men and servants from in any manner interfering with the plaintiffs, their men and servants having access from the suit properties to the road on the south; and for declaration that the defendants refusal of permission to put up constructions in the suit properties as per the plans submitted by the plaintiffs is illegal and for a consequential permanent injunction restraining the defendant from in any manner interfering with the plaintiffs putting up constructions in the suit properties. THE case of the plaintiffs in O.S. No. 598 o 1981 is as follows:

(3.) THE trial court, on the basis of the evidence on record, has also given a finding that the suit street was formed in the year 1964 and it connects Tiruchi-Thurayur Road on the west and Singaravelu Street on the east. Once when it is established that the suit street is maintained by the Municipality, then, by virtue of S. 180-A, such street shall be open to all persons irrespective of caste or creed. Any street over which the members of the public have a right of way is a public street within the meanin g of S. 3(21) of the Act. THE relevant portion of S. 3(21) runs as follows:?