EDALAKUDY PARASURAMAN, PERUNTHERU CHAYAKARA TRUST Vs. NAGERCOIL MUNCIPALITY, REPRESENTED BY ITS COMMISSIONER

JUDGEMENT

(1.) Heard Mr.N.Sivakumar, learned counsel appearing for the appellant and Mr.Athimoola Pandian, learned counsel appearing for the respondent.

(2.) This appeal is filed to set aside the Judgment and Decree of the learned II Additional Subordinate Judge, Nagercoil in A.S.No.80 of 2008 dated 14.07.2009 confirming the Judgment and Decree of the learned Principal District Munsif, Nagercoil dated 29.07.2008 in O.S.No.57 of 2007.

(3.) The appellant herein is the plaintiff and the respondent herein is the defendant in the suit. The case of the plaintiff/appellant herein is that the properties belonged to the appellant's trust and it is a patta land. But it is wrongly stated in the municipal records as 'poramboke'. The respondent trespassed into the property and laid a road in a portion of the property and the respondent is trying to construct a drainage in the suit property and the appellant has filed suit for declaration of title and for mandatory injunction to remove the encroachment and for a permanent injunction.