O R D E R

This writ petition was filed to declare the Conveyance Deeds executed by private respondents as void and illegal on the ground that the subject properties were already gifted to the local authority and it has been earmarked for park area and children's playground.

2.The case of the petitioner Sangam is that respondents 7 to 9 were the owners of the lands measuring an extent of 6.50 acres comprised in S.Nos.148/2b, 148/4A, 148/5, 148/2A and 148/3 at Chittalandur Village, Tiruchengode Taluk, Namakkal District. It is further stated that respondents 10 to 12 are promoters and real estate agents and they entered into an understanding with the land owners to promote and develop their lands as house sites. Accordingly, respondents 7 to 9 joined hands with respondents 10 to 12 and applied for a plan approval to the 1st respondent. The application for plan approval was made on 20.06.1996 and along with the proceedings of the 4th respondent dated 28.06.1996, it was forwarded to the 1st respondent. The 1st respondent considered the same and granted site plan approval through proceedings dated 30.12.1996 and such approval was granted subject to certain terms and conditions.

3.The further case of the petitioner is that pursuant to the plan approval granted by the 1st respondent, respondents 10 to 12 plotted out the entire extent of 6.50 acres into 59 house sites after earmarking an extent of 28,440 Sq. Ft. towards public purposes. The entire 59 house sites were sold to various persons through different Sale Deeds executed by respondents 7 to 9 for themselves and as power of attorney holders of the other sharers.

4.It is also stated that respondents 7 to 9 executed Gift/Settlement Deeds dated 12.08.1998, through two documents registered as Document No.755 and 756 of 1998 in favour of the 4th respondent who is the local authority.

5.The grievance of the petitioner Sangam is that the respondents 7 to 12 have dealt with the property which was already gifted and earmarked for open space, children's park and play ground and Sale Deeds were created.

6.The petitioner made representations in this regard to the official respondents and sought for taking action. Since there was no response for the representations, the petitioner left with no other alternative has filed the present writ petition seeking to declare all the Conveyance Deeds as null and void and illegal.

7.The 2nd respondent has filed a counter affidavit. The relevant portions in the counter affidavit are extracted hereunder:

3. It is submitted that the respondents 7 to 9 were the owners of the lands measuring an extent of 6.50 acres comprised in S.Nos.148.2B, 148/4A, 148/5, 148/2A and 148/3 Chittalandur Village, Tiruchengode Taluk, Namakkal District. The respondents 10 to 12 are the promoters and Real Estate Agents and they entered into an understanding with the land owners and the respondents 7 to 9 to promote and develop their lands as house sites. Accordingly, the respondents 7 to 9 had obtained power of attorney deeds dated 22.04.1996 from the other sharers and plotted out the lands in the name and style as "Kongu Nagar".

4. It is submitted that the respondents 7 to 12 joined together and applied for plan approval to the 1st respondent under the provisions of the Tamil Nadu Town and Country Planning Act 1971. Accordingly, application for plan approval dated 20.06.1996 along with the proceedings of the 4th respondent dated 28.06.1996 was forwarded to the 1 respondent for getting the plan approval. The 1st respondent has considered the application dated 20.06.1996 in accordance with the provisions of the Tamil Nadu Town and Country Planning Act 1971 and granted house site plan approval in DTCP No.919/1996 in Na.Ka.No.25305/96 LA3 dated 30.12.1996 subject to the terms and conditions as contemplated under the provisions of the Act 1971.

5. It is submitted that in pursuance of the plan approval granted by the 1st respondent in DTCP No.919/1996, the respondents 10 to 12 plotted out the