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2007 Supreme(Mad) 1296

P.D.DINAKARAN, P.P.S.JANARTHANA RAJA
Sri Devi Nagar Residences Welfare Association, a registered Society, Regd. No. 198/98 – rep. by its President, G. P. Godhanavalli, Residing at No. 43, 6A-3, M. G. G. Illam, II Street, Sri Devi Nagar, Ganapathy Coimbatore – Appellant
Versus
Subbatha & Others – Respondent


For the Appearing Parties: V. Alagirisami, Senior Counsel for M/s.
P.K. Rajagopal, M. Venkatachalapathy, R. Sivakumar, Advocates, G. Sankaran, Addl. Government Pleader.

Judgment :-

P.D. Dinakaran, J.

Whether a portion of land reserved for public purpose in a layout approved by the local body can be used for any other purpose is the specific question that arises for our consideration in the above appeals, while the issue at large is whether the land reserved for public purpose in any layout or in a development plan or master plan can be used for any other purpose at a later stage?

2. For the purpose of convenience, parties are arrayed as per their rank in W.A.No.156 of 2000.

3. 1. These appeals are directed against the common order dated 18. 1999 made in W.P.No.14413 of 1997. W.A.No.156 of 2000 is preferred by the residents of the locality, who have purchased plots from respondents 1 to 3, who are the legal heirs of the original owner of the land of an extent of 6.07 acres in Survey No.412, Sreedevi Nagar, Ganapathy, Coimbatore, which was, concededly, sold under a layout approved in the year 1974 by the then Ganapathy Town Panchayat, of course, after the prior permission of the fifth respondent in his proceedings bearing No.L.P.Dm. (DDT & CP) No.49/74, dated 17. 1974. In the said layout, an extent of 14168 sq.ft. (East West 81.1/2 on the North, East






































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