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2013 Supreme(Mad) 3854

N.PAUL VASANTHAKUMAR, K.RAVICHANDRA BAABU
Kirubakaran – Appellant
Versus
Commissioner (East), Coimbatore – Respondent


Advocate Appeared:
For the Appellants:R. Muthukumaraswamy, Senior Counsel for Karthick, M/s. T.S. Gopalan & Co., Advocates.
For the Respondent:P.H. Arvind Pandian, Additional Advocate General assisted by J. Sathyanarayanaprasad, Advocate.

Judgment :

N. Paul Vasanthakumar, J.

1. This writ appeal is preferred against the order made in W.P.No.12536 of 2008 dated 30.4.2010, dismissing the writ petition filed by the appellants, who have prayed for issuing writ of mandamus directing the respondent to remove the Board placed by the respondent on 20.2.2008 in Housing Plot in S.Nos.177/1, 178/1, 185 in Kothari Layout, Sowripalayam Village, Singanallur Municipality, now within the limits of Coimbatore Corporation, forthwith and desist from attempting to encroach into the properties belonging to the appellants.

2. The case of the appellants before the learned single Judge was that an extent of 5.37 acres in Kothari Layout was developed as housing plots in S.Nos.177/1, 178/1, 185 of Sowripalayam Village, Singanallur Municipality, now within the limits of Coimbatore Corporation, by one E.V.K.Ranga Rao, son of R.Ethirajulu and the said layout was approved by the Deputy Director, Town and Country Planning, Coimbatore, in his proceedings dated 5.7.1976. The layout disclosed 34 housing plots, roads and an area of 53.80 cents, reserved for public purpose. According to the appellants, the predecessors-in-title were in possession of

























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