PALANIAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Second Appeal is filed against the Judgment and Decree, dated 08.06.2007 made in A.S.No.22 of 2006 on the file of the Sub-Court, Mettur, reversing the Judgment and Decree, dated 31.01.2006 made in O.S.No.20 of 1996 on the file of the District Munsif-cum-Judicial Magistrate, Omalur.

(2.) The plaintiff in O.S.No.20 of 1996 on the file of the District Munsif-cum-Judicial Magistrate Court, Omalur is the appellant herein. The suit was initially filed in the District Munsif Court, Mettur as O.S.No.753 of 1987. The suit is for permanent injunction. The parties herein will be referred to according to their rank in the suit.

(3.) The plaintiffs have been in possession of the suit property. Adjacent to their patta land, the suit property, which is poramboke land is situate and the same has been in enjoyment along with patta land even by the predecessors and the plaintiffs have been in enjoyment for more than two decades from the date of purchase of the patta land. The plaintiffs reclaimed and developed the suit property at a huge cost, to make it fit for cultivation of crops like sugarcane. The Forest Department is having its land beyond the cultivable land and in no time, the department has been in possession of the suit property. It is also necessary that the Forest Department is to leave more than one chain of breadth between the patta land and reserve forest land. Since the department attempts to dispossess the plaintiffs, the suit has been filed.