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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S.Sundar, N.Mala
Keela Eraal Kammavar Arakkattalai, Rep. by its President – Appellant
Versus
State Government of Tamilnadu, Rep. by District Collector – Respondent
JUDGMENT :
S.S. SUNDAR, J.
1. The plaintiff in the suit in OS.No.19 of 2008 on the file of the IV Additional District Court, Ponneri is the appellant in the above appeal. The third respondent/Zonal Officer, Corporation of Chennai Zone-3, Madhavaram, Chennai was brought on record as the third defendant in the suit after Madhavaram became part of Corporation of Chennai.
2. The appellant filed the suit in OS.No.19 of 2008 for a declaration that the plaintiff is the absolute owner of the suit schedule property and they are in exclusive possession over the vacant plot comprised in Survey No.1179 in Ponniammanmedu, Madhavaram Village, Ambattur Taluk, Thiruvallur District measuring to an extent of about 21,800 sq.ft.; for a declaration that the order passed by the third defendant vide proceedings dated 30.05.2007 cancelling the planning permission granted to the plaintiff on 07.07.2006 is null and void; and also for a consequential injunction restraining defendants 1 to 3 or their men from interfering in any manner with the peaceful possession and enjoyment of the property by the plaintiff except by due process of law.
3. The case of the plaintiff in brief is as follows:
The plaintiff is a Tru
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....
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.
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.
Possession rights established through prior court judgments prevail over unresolved title disputes, and municipal decisions regarding land development must adhere to judicially recognized ownership.
Modification of land reserved for public purposes requires valid legal processes, including notification and consultation with affected parties, as determined by relevant sections of the Town Plannin....
The burden of proof lies with the party making a claim, and in this case, the Municipal Corporation failed to establish that the properties fell within the reserve open spaces as claimed.
Ownership claims require substantial evidence; mere possession does not confer title, especially against established public ownership.
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