GOVERNMENT OF TAMIL NADU Vs. G. NANDA

JUDGEMENT

(1.) Both the Appeal Suits have been filed as against the Judgment and Decree, dtd. 4/10/2011, passed in O.S. No.11029 of 2010, on the file of the learned Additional District Judge, Fast Track Court No.1, Chennai, thereby allowed the Suit for declaration and injunction with cost.

(2.) The First Respondent in both Appeals is the Plaintiff and the Appellants and other Respondents in both Appeals are Defendants in the Suit. For the sake of convenience, the parties are referred to as per their ranking in the Trial Court.

(3.) The Suit is filed for declaration and Permanent Injunction. The case of the Plaintiff is that she is an absolute owner of the property situated at Door No.206, (old No.63) Valluvarkottam High Road, comprised in C.C. No.485, O.S. No.185, R.S. No.451/7, Block No.28, Nungambakkam Village, Chennai (hereinafter called as "the Suit property"). She purchased the said property from Legal Heirs of one Balakrishnan, by the Registered Sale Deed dtd. 30/3/1995 vide Document No.482/95. After purchase, the Plaintiff obtained permission for demolition and reconstruction and also paid requisite fees. Just behind the Suit property, there is a vast extent of land belonging to the Third Defendant Temple. There was encroachment by several general public by putting up pucca construction. They have also unauthorizedly formed private passage therein called Chokkattan Salai. It is a private passage and it is not maintained by the Corporation of Chennai viz., Fourth Defendant herein. The resident of Chokkattan Salai used the unauthorized private passage to reach Valluvarkottam High Road.