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2002 Supreme(Mad) 497

S.JAGADEESAN
Villupuram Municipality represented by its Commissioner, Villupuram – Appellant
Versus
M. Subramanian and others – Respondent


Advocates:
G.Rajagopalan, Senior Counsel, for S.Chandrasekaran, for Appellant.
A.Sivaji, for Respondent No.2.

JUDGMENT: In all these second appeals Villupuram Municipality is the appellant who filed different suits against the respondents in each of the appeals herein. The relief sought for by the Municipality in the suits is for the declaration that the suit property is to be kept for the commons use of the residents of the locality, for the purpose of construction of school and playground and also for consequential injunction restraining the respondents herein from putting up any construction. The first respondent is the erstwhile owner of the property who applied for the sanction of the lay out. The Deputy Director of Town Planning accorded sanction in his proceedings Ex.A.1 dated 16.5.1984 in Roc.No.1976 of 1984. As per the said lay out sanction, the property under dispute should be kept for the construction of the school and play ground. Since the first respondent, contrary to the sanctioned lay out, had further divided the disputed property in to plots and sold the same to the second respondents in these second appeals and the attempt on the part of the purchasers to built up construction in the disputed property, the appellant filed the suits.

2. The defence of the first respondent i












































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