VISWANATHAN Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the rejection of the plaint, in an attempted abuse of process of Court by way of a suit.

(2.) The plaintiff is in occupation of land which is classified as National Highway. When proceedings were taken for eviction of the petitioner, he filed W.P.No.21436 of 2019 challenging the said notice. On 14/2/2020, this Court, directed the 2nd defendant in the suit viz., Assistant Engineer, National Highways, Chidambaram to survey the entire property and decide if there is any encroachment and thereafter remove the encroachment.

(3.) Pursuant to the said order, on 1/4/2021, the 2nd defendant issued notice to the plaintiff seeking objections. The plaintiff has submitted his objections on 8/4/2021. Thereafter, the plaintiff issued notice under Sec. 80 of the Code of Civil Procedure and came up with the instant suit seeking declaration of his title on the ground that he has perfected title by adverse possession. A mandatory injunction restraining the defendants to mutate the revenue records in respect of the suit property in the name of the plaintiff was also prayed for apart from seeking costs.