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2023 Supreme(Online)(MAD) 26664
MADRAS HIGH COURT
Honourable Mr Justice D. KRISHNAKUMAR,Honourable Mr Justice R.VIJAYAKUMAR
S. USHARANI – Appellant
Versus
THE COMMISSIONER OF TOWN – Respondent
WP(MD)/18367/2013
Land earmarked as colony road in a layout approved by the Town and Country Planning Authority cannot be converted into any other purpose.
Headnote:
LAND USE - COLONY ROAD - CONVERSION - WRIT PETITION - [Land earmarked as colony road in a layout approved by the Town and Country Planning Authority cannot be converted into any other purpose. A writ petition can be filed to prevent such conversion and to restore the road.]
Fact of the Case:
The petitioner filed a writ petition seeking a direction to the respondents to restore a colony road that had been converted into a residential plot.
Finding of the Court:
The court found that the patta granted in favor of the respondents 5 and 6 had been cancelled and restored to its original classification and the same is now maintained by the third respondent.
Issues: Whether the land earmarked as colony road in a layout approved by the Town and Country Planning Authority can be converted into any other purpose.
Ratio Decidendi: The court held that the land earmarked as colony road in a layout approved by the Town and Country Planning Authority cannot be converted into any other purpose.
Final Decision: The court closed the writ petition without costs.
W.P.(MD) No.18367 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.18367 of 2013
S.Usharani
... Petitioner
Vs.
1.The Commissioner of Town and
Country Planning Authority,
O/o. Commissioner of Town
and Country Planning,
807, Anna Salai, Chennai.
2.The District Collector,
Trichy District, Trichy.
3.The Commissioner,
Trichy Corporation,
Trichy District.
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W.P.(MD) No.18367 of 2013
4.The Deputy Director,
Town and Country Planning Authority,
Trichy Region, Trichy.
5.Sathak Abdul Kadher
6.Ayesha Naria
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the respondents in any way converting the land
earmarked as colony road in the lay out approved by the 4th respondent in his
proceedings LPH/DTP54/70 revised LPH/DT66/63 into any other purposes and
consequentially to direct the respondent to restore the road after removing the
pillar and consequently to direct the respondents to cancel the patta granted in
respect of colony road in favour of respondents 5 &6 within the time that may be
stipulated by this Court.
For Petitioner
:
Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For Respondents
:
Mr.P.T.Thiraviyam
Government Advocate for R1, R2 & R4
Mr.R.Baskaran
Standing Counsel for R3
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W.P.(MD) No.18367 of 2013
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
This Writ Petition has been filed for issuance of a Writ of Mandamus,
forbearing the respondents in any way converting the land earmarked as colony
road in the layout approved by the 4th respondent in his proceedings
LPH/DTP54/70 revised LPH/DT66/63 into any other purposes and seeking for a
direction to the respondents to restore the road after removing the pillar and to
cancel the patta granted in respect of colony road in favour of fifth and sixth
respondents.
2. Today, when the matter was taken up for hearing, the learned
Government Advocate appearing for the respondents 1, 2 and 4 submitted that
patta granted infavour of the respondents 5 and 6 has been cancelled and
restored the same to its original classification and the same is now maintained by
the third respondent, which is not refuted by the learned counsel appearing for
the petitioner.
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W.P.(MD) No.18367 of 2013
3. Recording the aforesaid submission, this Writ Petition is closed. No
costs.
[D.K.K., J.] [R.V., J.]
09.01.2023
NCC
: Yes / No
Index
: Yes / No
vsm
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W.P.(MD) No.18367 of 2013
To
1.The Commissioner of Town and Country Planning Authority,
O/o. Commissioner of Town and Country Planning,
807, Anna Salai, Chennai.
2.The District Collector,
Trichy District, Trichy.
3.The Commissioner,
Trichy Corporation,
Trichy District.
4.The Deputy Director,
Town and Country Planning Authority,
Trichy Region, Trichy.
____________
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W.P.(MD) No.18367 of 2013
D.KRISHNAKUMAR
, J.
and
R.VIJAYAKUMAR, J.
vsm
W.P.(MD) No.18367 of 2013
09.01.2023
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