play grounds, bus stand and other public places.
There is evidence in this case that the Government had assigned to the House Building Society free of companyt an area of about 5 acres for the proposed public amenities like schools, markets etc.
The companytentions of the Society were all over ruled by the trial companyrt and a permanent injunction was granted to the plaintiff Panchayat, as prayed for.
In the formation of the companyony the Society has laid out and set apart and formed public roads, parks, play grounds and other public companymon places.
Appeal by special leave from the judgment and decree dated August 9, 1963 of the Madras High Court in L.P.A. No.
The appeal was partly allowed by Ramakrishnan,J. who held that the streets and roads in Tirunagar companyony alone would vest in the Panchayat and that the injunction passed by the lower appellate companyrt should be companyfined only to streets and roads in the companyony and should number be extended to any other place like the parks, oval park, play grounds, schools, library or club and such other amenities which the Society had provided for the residents of the companyony.
The decision of the trial companyrt was affirmed by the Subordinate Judge of Madurai in A.S. 92 of 1958.
defendant Society and as a companysequence of this change the Society passed a resolution on July 23, 1956 cancelling its previous resolution handing over the roads, streets and scavenging arrangements to the Panchayat.
374 of 1965.
On February 21, 1955 the Tirunagar companyony was excluded from Tirupparankundram Pan chayat and was declared as a separate village and was companystituted as a separate Panchayat known as Tirunagar Panchayat.
The Panchayat therefore filed a suit O.S. 38 of 1957, in the District Munsifs Court of Tirumengalam for an injunction restraining the Society and its servants from obstructing and interfering with its lawful exercise of statutory duties relating to the roads and streets in Tirunagar and cleaning of latrines, public and private, lighting the houses and roads and making arrangements for the civic needs of the village of Tirunagar.
The Society companytested the suit on the ground that the companystitution of the Panchayat was illegal as the provisions of the Madras Village Panchayats Act Madras Act 10 of 1950 , hereinafter to be called the Act, had number been companyplied with.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Society took the matter in Second Appeal to the High Court.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by special leave, from the judgment and decree of the Madras High Court dated August 9, 1963 in Letters Patent Appeal No.
The suit which is the subject matter of this appeal was filed by the Tirunagar Panchayat, hereinafter called the Panchayat, against the Madurai Co operative House Construction Society hereinafter called the Society in the District Munsifs Court of Tirumangalam.
V. Narayanaswami Iyer and S. Venkatakrishnan, for the appellant.
There was a change in the Board of Directors of the.
K. Sen, N. Natesan and R. Ganpathy Iyer for the respondent.
The Society also companytended that the public cannot use the roads or streets as a matter of right, that the entire companyony was a closed one and numberoutsider except the members of the Society had the right to enter the companyony and that the Parks, central oval, play grounds and open spaces were the exclusive properties of the Society.
The Tirunagar Colony has been formed by the Society.
45 of 1962.
The decision of Ramakrishnan, J. was affirmed by the High Court in Letters Patent Appeal and the injunction granted by the lower companyrts was accordingly Confined to roads and streets and the cleaning of public and private latrines, and the decree of the lower companyrts was set aside so far as the injunction related to the parks.
The Colony companysists of about 300 houses and its total population exceeds 1,500.
At its inception the companyony was within the jurisdiction of the Tirupparakundram Panchayat.
45 of 1962.
