Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
V.N.R. Homes Private Limited – Appellant
Versus
Sky City Owners Association – Respondent
| Table of Content |
|---|
| 1. civil revision petition filed to strike off o.s.no.35 of 2024. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding abuse of process and maintainability of revision. (Para 6 , 7) |
| 3. court observations on facts and the historical context of property development. (Para 8) |
| 4. clarification on facts regarding properties and gift deeds. (Para 9 , 10 , 11 , 12) |
| 5. court's authority under article 227 and abuse of process. (Para 14 , 15) |
| 6. lack of standing and cause of action for plaintiff. (Para 18 , 21 , 22) |
| 7. public road dedication and rights of adjacent property owners. (Para 20 , 23 , 24) |
| 8. conclusion on dismissal of the suit due to legal prohibitions. (Para 25) |
| 9. court's final order to allow petition and remove suit. (Para 26) |
ORDER :
V. LAKSHMINARAYANAN, J.
1. This civil revision petition seeks to strike off O.S.No.35 of 2024 on the file of the Principal District Munsif Court at Poonamallee.
2. The civil revision petitioner is the 8th defendant in the suit.O.S.No.35 of 2024 is a suit filed by the 1st respondent herein for the following reliefs:
“(a) To adjudge the Gift Deed dated 20.03.2007 registered as Document No.617 of 2007 in Book 1 of SRO, Chennai South Joint II as null a
A civil suit to declare a dedicated public road as private is barred under Section 101 of the Tamil Nadu Town and Country Planning Act, and lacks cause of action.
Once a gift deed is accepted and acted upon, it cannot be unilaterally cancelled, and subsequent transactions based on such cancellation are not legally sustainable.
Failure to acquire land within three years results in automatic release from reservation under Section 38 of the Town and Country Planning Act.
Land reserved under planning laws is deemed released if not acquired within three years, as per Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
The court ruled that property reserved for public purpose is deemed released from such reservation if not acquired within three years, allowing the original owner to transfer ownership.
Planning authority cannot mandate gift deed for street alignment land as precondition for permission; violates Article 300A, lacks statutory basis, bypasses acquisition with compensation under T&CP A....
The local body cannot assert ownership of property reserved for public purposes without clear documentary evidence proving title transfer; mere designation in a layout does not confer ownership right....
Land is deemed released from reservation if not acquired within three years as per Section 38 of the Town and Country Planning Act, 1971.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
