M THANGAVEL PILLAI Vs. COMMISSIONER CORPORATION OF TRICHIRAPALLI CORPORATION BUILDING CONDONMENT TRICHY

JUDGEMENT

(1.) THIS civil revision has been preferred against the fair and decretal order dated 17. 11. 2000 made in i. A. 807 of 2000 in O. S 1089 of 1986 in and by which, the trial Court permitted the respondents herein to file its additional written statement in the suit. The suit was filed by the petitioner for permanent injunction to restrain the respondent in any manner interfering with the plaintiff' s possession of the suit property either by demolition or otherwise.

(2.) IN the plaint, it is claimed that the suit property isa Natam poramboke and that the petitioner is in possession of the said premises for more than 32 years. Originally a written statement was filed by the respondent on 6. 11. 1986 contending that the petitioner had put certain constructions over municipal drainage causing damages to the same and also obstructing free flow of sewage water. It is specifically contended that inspite of the directions of the respondent to the plaintiff to remove the unauthorised constructions put up in the respondent's property, the petitioner without complying with the said directions of the respondent had approached the Civil Court. It is also claimed that by virtue of the unauthorised construction put up by the petitioner, the drainage could not be repaired immediately which would only result in spread of diseases in that locality which ultimately would affect the public health.