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2008 Supreme(Mad) 168

P.JYOTHIMANI
Raja Baskara Kumara Shanmugam @ N. Kumaran Sethupathy – Appellant
Versus
The Director of Town and Country Planning, Anna Salai, Chennai-600 006 & Another – Respondent


Advocates Appeared:
For the Petitioner:M. Venkatachalapathy Senior Counsel for M. Sriram, Advocate.
For the Respondents:R1, L.S.M. Hasan Fizal Government Advocate (W), R2, P.S. Jayakumar, Advocate.

Judgment :-

The petitioner is stated to be the owner of the lands at S.No.313/1 which is co-related to T.S.No.86 A/1 and 321/1A, 2B1, 314/2, Rajasuriyamadai Group, Ramanathapuram.

2.In this present Writ Petition we are concerned only with the S.No.313/1. According to the petitioner, the property originally belonged to Shanmuga Rajehswara Sethupathy, the Raja of Ramnad. Under the Estate Abolition Act when the Government took steps to cancel the patta issued in respect of the lands the same was challenged by the original owner, the then Raja of Ramnad. This Court in W.P.No.3920/1976 by order dated 31. 1979 has set aside the order and restored the patta issued in respect of the said land. The said S.Ramanatha Sethupathi has applied for permission to divide the lands comprised in various Survey Numbers including the land in S.No.313/1 as plots to the Municipal Commissioner, Ramnathapuram, the 2nd respondent. The Director of Town and Country Planning accorded sanctioned lay-out on 12. 1974 and the second respondent Municipality has also passed a resolution on 1. 1975 approving the layout subject to various conditions laid down by the Director of Town and Country Planning. According to t































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