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2008 Supreme(Mad) 3525

P.JYOTHIMANI
Usha Evelyn and Others – Appellant
Versus
Government of Tamil Nadu, rep, by its Secretary, Town and Country Planning Department, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioners:P. Bagyalakshmi, Advocate.
For the Respondent:Selvaraj for M.V. Muralidaran, Advcoates, P. Muthukumar, Government Advocate.

Judgment :

1. The writ petition is directed against the proceedings stated to have been pending before the second and third respondents, viz., the Director and the Deputy Director of Town and Country Planning, in respect of granting layout approval in favour of the 9th respondent in LP/DDT/CP(CR) No. 182/2007 and it is also prayed for a direction against the respondents to grant layout approval in favour of the petitioners in respect of the property bearing S.F.46/1 to an extent of 70 cents and S.F. No. 46/2 to an extent of 73 cents in Panambakkam village, Kadambathur Panchayat Union, Tiruvallur Taluk, Tiruvallur District.

2. The petitioners are the son and daughters of late Y. Rajaratnam, who is stated to be the exclusive owner of the above said properties having purchased under a registered sale deed dated 1. 1963 and after purchase, necessary changes were made in the Revenue Records. It is the case of the petitioners that on 9. 1982, their father created an encumbrance over the properties by creating a simple mortgage by having obtained loan from one Mithra Sbenezan under a mortgage deed registered as document No.595/82 on the file of the Sub Registrar, Perambakkam. Subsequently,



































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