Defendant, neighbour of plaintiff alleged to have encroached pathway - Plaintiffs personally affected - Therefore plaintiffs have locus standi to file suit - Order directing defendant to remove said encroachment - Proper.

Citation

AIR 2004 MADRAS 492

MADRAS HIGH COURT

(Principal Seat at MADRAS)

V. KANAGARAJ , J.

S.A. No. 549 of 1993, D/- 15 - 6 - 2004

Perumal Naicker Appellants v. Rathina Naicker and another Respondents

Civil P.C. (5 of 1908), S.91 - Removal of obstruction of public pathway - Defendant, neighbour

of plaintiff alleged to have encroached pathway - Plaintiffs personally affected by nuisance

created by defendant - Said wrongful act also affecting general public - Therefore plaintiffs have

locus standi to file suit - Concurrent finding of trial and appellate Court that defendant have

encroached said pathway - Order directing defendant to remove said encroachment - Proper.

 (Paras 11 , 12)