BALUSAMI Vs. SUB

JUDGEMENT

(1.) The petitioners have filed this writ petition seeking issuance of Writ of Mandamus forbearing the respondents from taking any steps to remove the trees found in S.F.No.71/3A, Pethanaickanur Village, Pollachi, without following the due process of law.

(2.) The case of the petitioner is that the petitioner's wife one Radhamani is the absolute owner of the agricultural properties situated in various survey numbers covered under the sale deeds dated 05.03.2001, 29.08.2001 and 30.11.2000. She purchased the same from Muthulakshmi, Muthusamy and Krishnasamy.

(3.) It is the further case of the petitioner that there is a strip of poramboke land in between the petitioner's wife's property and a river passing through the village and there are some coconut trees in the said poramboke land and the petitioner's wife is also paying B Memo charges for the same. Whileso, the third respondent who is the adjacent land owner on the Northern side of the petitioner's wife's land started obstructing her peaceful possession and enjoyment of the properties. Hence, she filed a suit in O.S.No.351 of 2006 on the file of the District Munsif, Pollachi, against the respondents 2 and 3 and the State of Tamil Nadu along with interim application in I.A.No.1500 of 2006 seeking interim injunction.