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2017 Supreme(Mad) 3648

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. VAIDYANATHAN, J.
N. Raman, Rep. by his Power Agent T.R. Sahadevan & Ors. - Petitioners
Versus
The Commissioner, Corporation of Chennai & Ors. - Respondents
W.P. Nos.11119 of 2016 and 24486 of 2008 and M.P.No.1 of 2008
Decided On : 22-12-2017

Advocates Appeared:
For the Petitioner: Mr. L. Chandrakumar for Mr. M. Gnanasekar, Mr. R. Saravanakumar.
For the Respondents:Mr. K. Venkatramani, Addl. Advocate General, assisted by Mr. T.C. Gopala Krishnan and Mr. S. Diwakar, Spl. G.P.

Headnote:

Property - Possession - Petition filed by the petitioner for measuring the property in question, the representation of the petitioner, was considered by the Tahsildar, who issued a letter mentioning that the petitioners principal is entitled for patta in his name for area - Held, Hence, for the above stated reasons, this Court finds no merit in both the Writ Petitions, which are accordingly dismissed - Till such time the Community Hall is constructed, the properties in question in W.P. shall be maintained as parks by the respondents - This order will not preclude the petitioners in both the Writ Petitions from claiming the amounts parted with by them for the registration of the so-called sale deeds from the persons from whom the properties in question have been purchased, apart from claiming damages - Miscellaneous Petition closed

ORDER :

Writ Petition No.11119 of 2016 is filed praying for issuance of a Writ of Certiorari to call for the concerned records relating to the order No.W.D.C.No.T.P.SD/WDCN13/00056/2016, dated 06.04.2016 passed by the second respondent and quash the same. (Prayer amended as per Order dated 07.06.2016 in W.M.P.No.16669 of 2016 in W.P.No.11119 of 2016).

2. Writ Petition No.24486 of 2008 is filed praying for issuance of a Writ of Mandamus to direct the respondent not to interfere with the petitioner's peaceful possession and enjoyment of the property at Plot No.79-A in the approved lay out N.L.B.D.M.D.D.A.B.No.152/1973, comprised in Vinayagar Nagar, Survey No.317/1A2A 1, Velacherry Village.

3. Originally, the petitioner in W.P.No.11119 of 2016 has filed the Writ Petition for issuance of a Writ of Mandamus to direct the respondents to grant building planning permission as requested by the petitioner in his building plan Application No.SD/WDCN13/00056/2016, dated 05.02.2016. Subsequently, the prayer in W.P.No.11119 of 2016 is amended as stated supra, vide order dated 07.06.2016 in W.M.P.No.16669 of 2016 in W.P.No.11119 of 2016.

4. The affidavit filed in support of W.P.No.11119 of 2016 is sworn to by the Power of Attorney Agent of the petitioner-N.Raman and the principal (writ petitioner) has executed the Deed of Power of Attorney in favour of the Agent on 30.12.2014, which was registered as Document No.242/2015, before the Sub-Registrar, Velacherry. According to the petitioner in W.P.No.11119 of 2016, he has produced necessary documents asked for by the authorities for considering his application for sub-division approval in respect of the property in Door No.T.S.No.1/128, Block No.189, Plot No.NIL, Bhuvaneshwari Nagar, Velacherry, Chennai-600 042. The following are the documents sought for by the second respondent in respect of the above said application for sub-division approval of the said property :

Sl. No.

Description

Remarks

1.

To furnish the following document duly Notarised

2. Suit pending in Court regarding the proposed land with Chennai Corporation to be clarified.

3. Proposed site sub-divided before 31.12.1989 evidence to be furnished.

2.

It is requested to clarify the following

1. The following documents to be furnished:

(a) GPA Document 472/2011

(b) GPA cancel document 8405/2014

(c) settlement documents 4719/2012 and 4849/2012

(d) Settlement cancel deed 4848/2012

(e) sale agreement deed 2706/2015

(f) sale deed 7045/2015

According to the petitioner in W.P.No.11119 of 2016, he has given reply to the above said documents sought for by the second respondent. He has purchased the property in Lay Out No.152/1973 and that the approval application of the petitioner was returned unapproved. According to him, pursuant to the earlier order dated 07.03.2012 in W.P.No.5456 of 2012, filed by the petitioner for measuring the property in question, the representation of the petitioner, dated 30.12.2011 was considered by the Tahsildar, Guindy-Mambalam Taluk, who issued a letter dated 02.05.2012 mentioning that the petitioner's principal is entitled for patta in his name for area of 525.24 Sq.Meters (5654 Sq.Ft) as against the total area of Acre 1.08 cents. According to the petitioner in W.P.No.11119 of 2016, pursuant to the above said communication, dated 02.05.2012 of the said Tahsildhar, he made an application dated 06.06.2012 to the said Tahsildhar, in which the petitioner has accepted to receive the patta for the lands in Survey No.317/1 part, T.S.No.1/1, Block No.189 in Velacherry Village for the area of 525.24 Sq. Metres (5654 Sq.Ft).

5. Thereafter, the petitioner in W.P.No.11119 of 2016 approached this Court by filing W.P.No.24596 of 2013 seeking to direct the Assistant Commissioner, Corporation of Chennai, Ward




































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