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2022 Supreme(Mad) 2542

R. VIJAYAKUMAR
M. S. Mohamed Hadi – Appellant
Versus
Secretary to Government, Housing Board and Urban Development Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:V. Meenakshi Sundaram, D. Nalla Thambi, Advocates. For the Respondents:R1, R2, N. Muthuvijayan, Special Government Pleader, R3, A. Muthukaruppan, R4, S.P. Maharajan, Advocates.

JUDGMENT

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner's land shown as scheme road and park and other public purposes in the Melapalayam Detail Development Plan in S.No.85/4A, Melapalayam Village, Tirunelveli District under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.)

1. The present writ petition has been filed seeking a mandamus, directing the respondents to release the petitioner’s land shown as scheme road and park and other public purposes proposed in Melapalayam Detailed Development Plan in Survey No.85/4A, Melapalayam Village, Tirunelveli District under Section 38 of Tamil Nadu Town and Country Planning Act, 1971.

2. According to the petitioner, an extent of 1.02 acres in Survey No. 85/4A belonged to one Haji Sappani Mohamed Abubucker, who sold the same to one M.A.Hader Maideen under a registered sale deed, dated 28.06.2005. The petitioner had purchased 40 cents out of 1.02 acres on the eastern side from the above said Hader Maideen under a registered sale deed, dated 22.08.2011.

3. According to the petitioner, his predecessor in title had construc

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