STATE OF TAMILNADU Vs. MUTHIAN

JUDGEMENT

(1.) The defendants, State of Tamil Nadu, represented by its Collector, Thiruvarur District, the Divisional Engineer, Cauvery Basin Divisional Office, (PWD), Thanjore District and the Junior Engineer, Public Works Department, Cauvery Basin Divisional Office, Kumbakonam, in O.S. No. 74 of 1999, on the file of District Munsif Court, Nannilam, are the appellants herein.

(2.) The said suit in O.S. No. 74 of 1999 had been filed by the plaintiff, Muthian, originally seeking permanent injunction restraining the defendants from interfering with peaceful possession of the suit property, and later after amendment, seeking mandatory injunction to restore the portion of 1 ½ cents encroached by the defendants to their original state and also for damages of Rs.29,000.00 and for costs of the suit.

(3.) The suit schedule property as stated in the plaint after amendment was punjai lands measuring 0.05 cents in R.S. No. 38-13, Nannilam Taluk, Thiruvidaimuruthur in Thanjavur District. The only amendment in the schedule was addition of the measurement of the land, namely, 0.05 cents.