S.R.NANDA KISHORE Vs. BODY OF VILLAGERS

JUDGEMENT

(1.) This Civil Revision has been preferred under Article 227 of the Constitution of India, seeking an order to strike off the suit in O.S.No.14 of 2011, pending on the file of the Additional Sub-Court, Chengalpet.

(2.) The petitioner is the third defendant in the suit. The suit was filed by the first respondent in the name of the people of No.29, Mambakkam village, Chengalpet Taluk, represented by (1) Mr.S.Lakshmipathi Naidu (2) Mr.G.Selvam and (3) Mr.S.Jaganathan against Mambakkam Village panchayat represented by its President, the petitioner herein and three others, seeking (1) for permanent injunction restraining the said defendants, their men, officials, contractors, agents and servants etc., from in any way converting the suit 'B' schedule property into a road; (2) for mandatory injunction directing the first defendant, Mambakkam village panchayat to maintain 'B' schedule property as part of "Nallathaneer Kulam" and for costs.

(3.) Admittedly, "B" schedule property is a Government poromboke land vested with the panchayat union, under the maintenance of Mambakkam village panchayat. The petitioner herein has averred in the grounds of the Revision that the suit was filed without getting permission, as required under Order 1 Rule 8 of the Code of Civil Procedure and further, it is stated that the suit is not legally maintainable.