K KANDASAMY Vs. PRESIDENT KANNAMPALAYAM TOWN PANCHAYAT

JUDGEMENT

(1.) COMMON Order: Three persons viz., K.Kandhasamy, K.N.Sadhasivam and K.P.Palanisamy have filed the suit in O.S.No.3 of 1998, O.S.No.4 of 1998 and O.S.No.8 of 1998 respectively before the District Munsif Cum Judicial Magistrate Court, Palladam. All the above three persons are the revision petitioners/plaintiffs, claiming to be the owners of house property in Kadakkadu, Appachigounder Street, Kannampalayam, Palladam Taluk. The respondents panchayat took steps to lay the drainage and therefore a survey was made. According to the respondents, the revision petitioners/plaintiffs have encroached certain portion of the road margin. The case of the revision petitioners/plaintiffs is that they have not encroached the road margin.

(2.) ACCORDING to the revision petitioners/plaintiffs the lands are promboke land and they are entitled to assignment and for the same appropriate application is pending before the competent authority. Fearing threat of a demolition and interference by the respondents, the above said three persons filed the three suits as above for permanent injunction. Written statement has been filed by the respondents, denying the averments made in the plaint.

(3.) THEREAFTER, the respondents Panchayats have filed I.A.No.194 of 2003 in O.S.No.3 of 1998 to appoint the Advocate Commissioner, Advocate Shri Dhanapalan who was first appointed in I.A. 13 of 1999 to revisit and measure the suit property along with the assistance of Taluk Surveyor and note down the physical features and to file his report with plan. In the said O.S.No.3 of 1998, the respondents Panchayat also filed another I.A.No.728 of 2003 to scrap the Commissioner's report filed by Ms.Amudha Nagarajan pursuant to the order in I.A.No.313 of 1999.