MATHIYAZHAKAN AND OTHERS Vs. ANTHONY PITCHAIKANNU AND OTHERS

JUDGEMENT

(1.) Revision petitioners are third parties to the suit in O.S. No. 248 of 2010 pending on the file of the First Additional District Munsif Corut, Tirunelveli. The first respondent in this revision petition filed the said suit against the Assistant Commissioner, Tirunelveli Municipal Corporation/second respondent herein for declaration to declare that the building plan submitted by the plaintiff on 18.09.2008 is deemed to be approved.

(2.) It is submitted by the learned counsel appearing for the revision petitioners that the plaintiff in the suit has put up construction encroaching the street and that the offending construction is in the place which is used as a road.

(3.) It is submitted that the revision petitioners have filed a suit in O.S. No. 632 of 2008 for demolition of the building put up by the plaintiff in this suit. According to the revision petitioners, in view of the offending construction put up by the plaintiff in suit scheduled property, they are deprived of their right of access which they have been using for a large number of years. Since, the revision petitioners have filed another suit for removal of encroachment made by the plaintiff, according to them they are necessary and proper parties in the suit filed by the plaintiff for declaration that the building plan submitted by him on 18.09.2008 is deemed to be approved. It is stated that the suit in O.S. No. 632 of 2008 is now transferred to the Principal Sub Court, Tirunelveli and re-numbered as O.S. No. 297 of 2011. it is seen that the suit filed by the revision petitioners is not disclosed in the present suit.