T VEERABADRAN EX ARMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) HEARD Mr.K.Vaithyanathan, representing Mr.K.Chandrasekar, learned counsel for the petitioner, Ms.V.M.Velumani, learned Spl.G.P. appearing for the respondents 1 and 2 and Mr.N.Subbarayalu, learned counsel appearing for the third respondent.

(2.) THE petitioner, whose land has been acquired for public purpose, has come up before this Court for a direction to the respondents to put the petitioner back in possession of 0.5 acres in S.No.558/3-B, situated in Hosur Town.

(3.) IT is the claim of the petitioner that the land in S.No.558/3-B is situated on the northern side of the bus stand of an extent of 10 cents. There was encroachment upon his land by the Hosur Town Panchayat and they have put up a culvert and laid the approach road to the bus stand from National Highway by-pass road. Originally, the formation and construction of the bus stand only was approved. The said approach road was not shown in the plan, and therefore, the petitioner approached Civil Court in O.S.No.28 of 1981 on the file of the District Munsif Court, Hosur, praying for declaration of the petitioner's title to the suit property and for permanent injunction against the officials and their men, restraining them from trespassing and interfering with his possession and also for mandatory injunction directing them to demolish the illegal and unauthorised construction put up by them. The District Collector who was a party to the suit, filed written statement claiming that the culvert is put up only in S.No.558/2 and in the road margin and not in the petitioner's land.