TENKASI MUNICIPALITY; ELAVARASI; MINOR KRISHNAVENI; MINOR SUDALAIYANDI SELVAM; MINOR ARUL MARIAPPAN Vs. ELAVARASI; MINOR KRISHNAVENI; MINOR SUDALAIYANDI SELVAM; MINOR ARUL MARIAPPAN; JUNIOR ENGINEER, TAMIL NADU ELECTRICITY BOARD; SUPERINTENDENT ENGINEER, TAMIL NADU ELECTRICITY BOARD; TENKASI MUNICIPALITY

JUDGEMENT

(1.) The first defendant, who lost the legal battle before both the Courts below, has come forward with this Second Appeal challenging the Judgment and Decree dated 24.06.2005 passed in A.S.No.118 of 2004, on the file of the learned Principal Subordinate Judge, Tenkasi, by confirming the Judgment and Decree dated 06.07.2004, passed in O.S.No.442 of 2003, on the file of the learned District Munsif, Tenkasi.

(2.) Heard the learned counsel appearing for both sides and perused the materials available on record.

(3.) The respondents 1 to 4 as plaintiffs filed a suit in O.S.NO.442 of 2003, for declaration that the cancellation of assessment order in Na.Ka.No.10209/2003.A1, dated 25.11.2003 is ab initio, illegal and void and declaration that the plaintiffs are the owners of the property and restraining the defendants to demolish the property and injunction restraining the second defendant not to disconnect the service connection and mandatory injunction to make a building construction in the suit property and directing the second defendant to give re-connection and also costs by stating that the first plaintiff's father-in-law and 2 to 4 plaintiffs' paternal grandfather Vaigunda Thevar has made a brick building house with thatched roofing and did his tea shop. After his lifetime, his only son, who is the first plaintiff's husband and 2 to 4 plaintiffs' father viz., Esakki has conducted the tea shop. After his lifetime, the plaintiffs are running the tea shop at Door No.54 A and 54B and assessed the tax. In 1981, they had rebuilt the building and New Door number was given as D.Nos.67 and 68. At the time of construction, western wall of this building is a compound wall of Tenkasi Vinnagara Perumal Temple and they had given consent, after receipt of Rs.10,000/-. During the life time of Esakki, he paid the tax. After that, the plaintiffs paid the tax. The first defendant sent a notice stating that the property is Government Poromboke land and they cancelled the assessment of 19813, 19814 and 19815 and that has been served on 04.12.2003. They proclaimed that they have to demolish the building.