2 The petitioner claims that he is running a Mansion under the name and style of “Vasantha Mansion” in Door No.30, Dr.Besant Road, Ice House, Royapettah, Chennai-600 014. It was originally belonged to his father [late] Mr.Shanmugam and after his demise, the petitioner succeeded to the said estate along with his brothers and sisters. The petitioner also claims to be a Member of the “Mansion Owners Association” at Chennai. The grievance expressed by the petitioner is that to have access to the said Mansion, one has to go through the lane which runs from North to South from Dr.Besant Road and right from the year 1972 onwards, the ingress and egress to the Mansion of the petitioner and the occupants of the Door Nos.29 to 33 is through the said lane only. However, on 13.10.2004, some of the employees of the 4th respondent had demolished the old Dargah which was in existence and started putting up construction in such a manner, it blocked the access through the lane for the occupants of the Mansion and residents of the aforesaid premises. The petitioner, in this regard, had filed a suit in OS.No.5539/2004 on the file of the Court of XVII Assistant Judge, City Civil Court, Chennai, against the 4th respondent herein as well as the officials of the Corporation of Chennai, praying for a declaration that they are entitled to use the pathway and also for permanent injunction restraining the defendants from interfering with the usage of pathway in any manner and also for consequential reliefs and pendency of the suit, has also filed IA.No.18503/2004 and the said suit was disposed of on 01.12.2011.
