THANAPACKIYAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Plaintiff in the original Suit is the Appellant in the Second Appeal.

(2.) THE Appellant filed the Suit O.S. No.14/1997 in the Court of the District Munsif, Mannargudi for the relief of Permanent Injunction on the basis of the Plaint averments, which are as follows:

(3.) THE Suit property is a Riverbed Poramboke land belonging to the Tamil Nadu Government and the same is maintained by Public Works Department. The Appellant herein/Plaintiff has been in enjoyment of the Suit property for more than 30 years. As on the date of filing of the Suit, she had planted 25 Coconut Trees and out of the 25 Coconut Trees planted by her, 15 were yielding trees. The trees and their usufructs were being enjoyed by the Appellant/Plaintiff paying the land rent to the Public Works Department. While so, the officials of the Public Works Department, namely the Respondents 2 and 3, wanted to auction the leasehold rights of enjoying the usufructs of the coconut trees. The Appellant/Plaintiff, being a member of the Scheduled Caste and a widow, will be deprived of her livelihood if her possession of the Suit property is disturbed or possession of the Suit property is taken from her. Hence, the Appellant/Plaintiff was forced to approach the Trial Court seeking a Permanent Injunction against the Respondents not to disturb her peaceful possession and enjoyment of the Suit property.