JUDGMENT

(Prayer: Writ petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent in connection with the order, dated 25.02.2021 in C3(S)730/2019 granting building plan permission to the fourth respondent in respect of land in R.S.No.4277/6 in Thandavarayan Street, Duraisamy Dinakaran Road, Rajah Annamalaipuram, Chennai - 600 028 and quash the same and direct the third respondent to cancel the building permission and all approvals granted to the fourth respondent in pursuance of the planning permission, dated 25.02.2021 of the second respondent in favour of the fourth respondent.)

The prayer sought for in this writ petition is for a writ of certiorarified mandamus calling for the records of the second respondent in connection with the order, dated 25.02.2021 granting building plan permission to the fourth respondent in respect of the land in R.S.No.4277/6 in Thandavarayan Street, Duraisamy Dinakaran Road, Rajah Annamalaipuram, Chennai - 600 028 and to quash the same and direct the third respondent to cancel the building permission and all approvals granted to the fourth respondent in pursuance of the planning permission, dated 25.02.2021 of the second respondent.

2. PLEADINGS :

The case projected by the writ petitioners as per the affidavit averments in support of the writ petition is as follows :

2.1. That one Raja Sir Muthiah Chettiar (for the sake of easy understanding and brevity, herein after called as “father Muthiah”) and his wife, one Meyyammai Achi had two sons, namely Kumararajah M.A.M.Muthiah Chettiar (for the sake of convenience and brevity, hence forth would be called as “son Muthiah”) and Dr.M.A.M.Ramaswamy.

2.2. The father Muthiah created a Trust, namely, the fourth respondent, i.e., called Raja Muthiah Chettiar Charitable and Educational Trust by a Trust Deed, dated 14.03.1957 registered as Document No.213/57 on the file of the Registrar of Chennai. The father Muthiah executed a registered Gift Deed, dated 24.03.1960 in respect of half undivided share of the property by Document No.517/60 at SRO, Mylapore in favour of son Muthiah and the said settlement was accepted and acted upon. Thus the son Muthiah became the owner of the undivided 50% share in the entire property and he was in possession thereon.

2.3. The said son Muthiah was the brother of Dr.M.A.M.Ramaswamy and son Muthiah died intestate on 24.01.1970. On the death of son Muthiah, his undivided half share in the entire property, i.e., about 63.50 grounds devolved equally on the sixth respondent who is the wife of the son Muthiah and late Meyyammai Achi, mother of the son Muthiah. Therefore, each inherited 31.75 grounds undivided share.

2.4. The said mother Meyyammai Achi died intestate on 01.03.1970, pursuant to which her share, i.e., 31.75 grounds undivided share devolved equally on her class-I heirs, i.e., her husband father Muthiah and her second son Dr.M.A.M.Ramaswamy, each inherited 15.89 grounds undivided share in the entire property.

2.5. The father Muthiah executed an registered deed, dated 28.03.1970 as Document No.635/1970 at SRO, Mylapore transferring his undivided half share of the entire property to the fourth respondent Trust. The remaining 50% undivided share belonging to son Muthiah was never transferred, conveyed or vested in the fourth respondent Trust in any manner.

2.6. Th