Public roads in layouts vest in panchayat upon formation and gifting; encroachments thereon prohibited, tax assessment barred, removal mandatory under Panchayats Act.

ORDER :

G.R.SWAMINATHAN, J.

Heard both sides.

2.The petitioner is a resident of Teachers Colony located within the territorial limits of Ariyakulam Panchayat. He has filed this writ petition to forbear the local body from assessing the constructions put up by the fifth and sixth respondents in what was shown as 11th cross street in the Teachers Colony Lay out. According to the petitioner, Teachers Colony Layout was formed sometime in the year 1983. It was not an approved layout. The layout measures 42 acres and 40 cents. It originally belonged to five persons, namely, Achariya Thangapalam, Seshadri, Sundarathammal, Sridharan and Dhandapani Nadar. The layout was promoted by T.S.Anthony Jebamalai and Anthony Pandian. They had taken joint power of attorney from Seshadri, Sundarathammal, Sridharan and M.Dhandapani Dhadhar. Achariya Thangapalam had given power of attorney only in favour of Mr.Anthony Pandian alone vide Doc No.15/1973 on the file of the Murappanadu SRO. The lands belonging to the five land owners were contiguous and were consolidated and divided into a number of plots. Streets were equally demarcated in the layout. The individual plots were sold. The case on hand pertains to 11th cross street. It is bounded on the Southern side by Plot Nos. 173, 177, 178, 179, 278, 276, 275, 404, 407 and 408 and on the Northernside by 186, 182, 181, 180, 279, 281, 282, 413, 410 and 409. The 11th cross street as per the lay out intersects the third, second and first main roads. After intersecting the first main road, it runs further towards the east and it is bounded on the south side by Plot No.408 and on the North Side by Plot No. 409. It ends with the compound wall of Saratha College. The 11th cross street is 783 feet long and 10 feet wide. A formal gift deed was executed vide Doc No.463/1993 dated 03.10.1993 in favour of Palai Panchayat Union by the power agent T.S.Anthony Jebamalai on behalf of the five land owners. Thisgift deed specifically includes 11th cross street. The grievance of the petitioner is that while subdividing Plot No.408 into Plot Nos.408A, 408B, 408C and408D, a portion of the 11th cross street (between the first main road and Saratha College compound wall) has been totally subsumed. The present owner of 408C had also put up a house while the owner of 408D had raised some constructions. The petitioner's apprehension is that if theseconstructions that have come up over the 11th cross street are also assessed to property tax, the obliteration of public road will be perpetuated and legalised. That is why, this writ petition has been filed.

3.The respondents have filed counter affidavit. The stand of the Tahsildar, Palayamkottai is that lands measuring an extent of 2.04 acres in respect of Survey No.362/2 and 367/1 of Ariyakulam Village Panchayat was registered in the name of individual pattadhars. One Chandra Leela had purchased 16.23 cents out of the total extent of 2.04 acres vide registered sale deed dated 01.03.1983 vide Doc No.257 of 1983 on the file of the SRO, Murappanadu. She later sold the same in favor of one Manoharan vide registered sale deed dated 21.11.2005 (Doc No.1133 of 2005). The said Manoharan divided Plot No.408 into 4 and sold the same in favour of some individuals including the fifth and sixth respondents through registered sale deeds. The fifth respondent purchased Plot No.408C while the sixth respondent purchased Plot No.408D vide registered sale deed dated 02.12.2010 (Doc Nos.1280/2010 and 1279/2010). The Tahsildar, Palayamkottai would claim that without getting consent from Chandra Leela, the owner of 408, the gift deed (Doc No.463/1993) was executed by th