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1969 Supreme(Mad) 139

K.S.PALANISWAMY
P. Krishnamurthy – Appellant
Versus
Thambaram Panchayat by its Executive Officer, Narayanaswamy, now the Tambaram Municipality, by its Special Officer – Respondent


Advocates:
V. Krishnan and P. Veeraraghavan, for Appellants.
The Additional Government Pleader, V. Shanmugham, T. L. Radhakrishnan and T.N. Vallinayagam, for Respondents.

JUDGMENT:-

These two batches of cases, one batch of second appeals and another batch of civil revision petitions, can be disposed of by a common judgment, as the points that arise for consideration are the same. The following facts are necessary to understand the scope of the controversy. Survey Nos. 323 and 324 together measuring an extent of 5-03 acres situated in Tambaram village Saidapet taluk, are poramboke lands. As per G.O. No. 2114, Public Health, dated 11th June, 1938, Tambaram Town Planning scheme was sanctioned and the aforesaid two survey numbers were reserved for public purposes like erection of markets and building of shops. The District Board, Chingleput, was appointed as the responsible authority under the scheme for its due execution. Subsequently the Tambaram Panchayat Board became the successor responsible authority for the due execution of the scheme. The period for the function of the responsible authority was extended for ten years upto 10th June, 1963. As the aforesaid two survey numbers had not been owned by the Panchayat or acquired by it as contemplated under the scheme, the Government authorised the Panchayat in 1948 to lease out the lands till 1956-57 Sub













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