S.BALAKRISHNAN Vs. VIRUDHUNAGAR MUNICIPALITY

JUDGEMENT

(1.) This Second Appeal is directed as against the judgment and decree dated 20.12.2005 passed in A.S.No. 25 of 2004 on the file of the Subordinate Court, Virudhunagar, in reversing the judgment and decree dated 23.12.2003 passed in O.S.No. 279 of 2000, on the file of the District Munsif Court, Virudhunagar.

(2.) For the sake of convenience, the parties are referred to, according to their litigative status before the trial Court.

(3.) It is the case of the plaintiffs that they have inherited about 3.24 acres of land in ward No. 18, Survey No. 834 and 835. A lay out was formed in the year 1960, by leaving necessary space for the AA road proposed by the defendant Municipality. On 22.11.1960, the defendant purchased 12,807 square feet from the plaintiffs in Survey Nos. 833 and 834 and the AA road was laid on that land. Further, the defendant Municipality acquired the additional land through exchange deeds in 1964, because the proposed A1A1 road was to be laid to link with Aruppukottai road from the existing AA road. In those circumstances, the defendant Municipality notified the acquisition of land for the proposed A1A1 road and sought the objections from public. It is the stand of the plaintiffs that since the consent of three fourths of the land owners was not obtained for the proposed acquisition, they had filed their objections on 31.07.2000, however, the same was rejected by the defendant Municipality. Hence, the plaintiffs filed the suit for permanent injunction, besides seeking a direction to the defendant Municipality to pay compensation, if they acquired the lands for the road project by way of a mandatory injunction.