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.

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 8^th defendant in the suit.O.S.No.35 of 2024 is a suit filed by the 1^st 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 and void and inoperative and order it to be delivered up and cancelled.

(b) To declare that the suit property is not a public road and to pass a consequential mandatory injunction directing the 6^th defendant to make an entry in the relevant records accordingly.

(c) For permanent injunction restraining the defendants, its officials, agents and men from interfering with the peaceful possession and enjoyment of the suit property by the plaintiff and the residents of the apartment project.

(d) for cost of the suit.”

3. The undisputed facts are the 3^rd defendant namely, one Tuliv Developers Limited had approached the 4^th defendant/CMDA for the purpose of developing the properties situated at S.Nos.92/1, 92/2, 92/3, 93/1, 93/2, 93/3, 94/1, 94/2B1, 94/2B2, 94/3A2, 94/3B3, 94/4, 94/5, 94/6, 95/1B, 95/2A, 95/2B, 97/6 & 101/2A2 at Adayalambattu Village, Ambattur Taluk, as a group development. The 4^th defendant imposed a condition for the purpose of approval of the group development, the 3^rd defendant would have to execute a gift deed of the properties situated to an extent of 1873.33 sq.mtrs. in S.Nos.92/2 part, 93/2 part, 94/3B3 part and 94/5 part of the aforesaid village with specified boundaries in favour of the Commissioner, Villivakkam Panchayat Union. Being a group development, the CMDA felt that there must be an access for the properties situated on the southern and northern side of the properties through an access road. Hence, the condition for execution of the gift deed is the road so created was to join the Ambattur - Vanagaram road.Accepting the condition, the 3^rd defendant executed a gift deed on 20.03.2007. It was presented for registration on the file of the Joint Sub- Registrar – II, Saidapet. The said document has also been given the registration number of 617/2007. On the basis of the gift deed and other compliances, the 3^rd defendant laid out a public road and thereafter, developed the property and had put up apartments under the group development. The plaintiff/1^st respondent herein is the owner's association.

4. The cause of action for the suit is that, the 8^th defendant whose property is situated on the eastern side of the 33 feet road, which had been gifted under the aforesaid document, proposed to develop his property for another group development. It is the plea of the plaintiff that the 8^th defendant cannot utilise the road gifted to Villivakkam Panchayat Union. Hence, it presented the suit for the aforesaid reliefs.

5. Aggrieved by the presentation of the plaint, the 8^th defendant has preferred this revision.

6. According to Mr.K.V.Babu, the suit is an abuse of process of law as it seeks to set aside a gift deed on the basis of which permission was granted by CMDA and on the basis of the said permission, flats were constructed and sold to the