The appellants / plaintiffs have filed a suit in OS.No.347 of 2007 before the Additional District Munsif, Villupuram for permanent injunction. According to the plaintiffs, the plaintiff while in possession and enjoyment of the suit property for more than 50 to 60 years, the Highways Department attempted to demolish the house of the plaintiff. Hence, the plaintiff has filed a writ petition in WP.No.16017 of 1994 and this Court was disposed the writ petition by directing the defendants to inform the actual classification of land in the occupation of the plaintiffs. The said direction was not complied with by the defendants / respondents. Therefore, the plaintiffs / appellants have filed the present suit. The respondents / defendants have filed written statement stating that the plaintiffs already filed a writ petition before this Court. Therefore, the present suit is barred by res judicata. According to the respondents / defendants, the suit property is belonged to National Highways Department. By considering the oral and documentary evidence, the trial court dismissed the suit by holding that the appellants / plaintiffs already filed a writ petition in WP.No.16017 of 1994 and the order copy was marked as Ex.33. The aforesaid writ petition was disposed of with liberty to the appellants / plaintiffs to establish the suit property as Natham pooramboke. The said order was pronounced in the year 11.07.2001. Till the notice issued by the defendants under Ex.A34 on 11.05.2007, the appellants / plaintiffs have not taken any steps to approach the authority. Challenging the said Judgment and Decree passed by the trial court, the appellants / plaintiffs filed an appeal in AS.No.66 of 2011 before the learned I Additional Subordinate Judge, Villupuram. The Appellate court dismissed the appeal and confirmed the order passed by the trial court. Challenging the aforesaid Judgment and Decree, the appellants / plaintiffs have filed the Second appeal before this Court.
