BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON: 14.07.2021 DELIVERED ON: 16.07.2021 CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.20975 of 2019 and W.M.P.(MD) Nos.17575 & 17577 of 2019 (Through Video Conference)

Seeni Naina Holding Private Limited, Rep. by its Power Agent, Mr.P.Chandran ... Petitioner Vs.

1.The District Collector, O/o.the District Collector Office, Sivagangai District.

2.The Deputy Director, O/o.the Deputy Director, Town Planning, Sivagangai Region, Collectorate Campus, Sivagangai District.

3. The District Revenue Officer, O/o.the District Revenue Officer, Sivagangai District.

4.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Sivagangai District. 5.The Sub-Registrar, O/o.the Sub-Registrar, Thirupuvanam, Sivagangai District.

6.The Tahsildar, Thirupuvanam, Sivagangai District.

7.The Executive Officer, Thiruppuvanam Town Panchayat, Thiruppuvanam, Sivagangai District. 8.Assistant Director, Land Surveyor and Registration Department, Sivagangai District.

9.Sengaimaran ... Respondents [R9 impleaded vide Court order dated 16.07.2021 in W.M.P.No.(MD).8196 of 2021] PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Certiorari, calling for the records relating to the impugned order passed by the 1^st respondent in his proceedings in e/f/rp5/8657/2013-2 dated 07.06.2019 and consequentially impugned order passed by the 2^nd respondent vide his proceedings e/f/vz;

2024/2019/rpk-4 dated 10.06.2019 and quash the same as illegal.

For Petitioner : Mr.M.Ajmal Khan Senior Counsel for M/s.Ajmal Associates For Respondents 1 to 8 : Mr.Veerakathiravan Senior Counsel Standing counsel for State of Tamilnadu Assisted by Mr.M.Lingadurai, Govt. Advocate For Respondent No.9 : Mr.J.Anandkumar

O R D E R

The subject matter of challenge in the present writ petition is the impugned order passed by the first respondent through proceedings dated 07.06.2019 and the consequential order passed by the second respondent dated 10.6.2019.

2. The case of the petitioner is that the subject property was plotted out and the layout was approved by the competent authority through proceedings dated 13.12.2017. Thereafter the plots were sold to various persons. The second respondent through proceedings dated 13.12.2017, regularised the plots and the third respondent through proceedings dated

19.01.2018 granted sanction for the purpose of putting up construction.

3. The second respondent through the impugned proceedings dated

10.06.2019 cancelled the earlier order dated 13.12.2017 on the basis of the impugned proceedings of the first respondent dated 07.06.2019 and thereby the layout approval and the planning permission was cancelled. Aggrieved by the same, the present writ petition has been filed before this Court.

4. The second respondent has filed a counter affidavit in this case.

The relevant portions in the counter affidavit are extracted hereunder:

“5. I submit that the entire village called T.Nelmudikarai village of Thirupuvanam Taluk, was taken over by the Government of Tamilnadu, under the Tamilnadu Inam Estates (Abolition and Conversion into Ryotwari) Act 26 of 1948 vide G.O.Ms.No.2093 dated 11.08.1949. The entire lands in S.No.1 of the said village measuring 78.60 acres was classified as "Government Puramboke-Vaigai River" during settlement of Nelmudikarai Village, Thiruppuvanam Taluk stands registered in the name of Seeni Nainar Holding (P) Ltd in Patta No.879. I submit that however it is claimed that the said lands in S.No.1 was subdivided into S.Nos.1/1 and S.No. 1/2 by the then Tahsildhar, Manamadurai, based on the proceedings of the then Revenue Divisional Officer, Sivagangai, dated 13.04.1978 granting patta outside the scope of the said Act 26 of 1948. It was also claimed that the then RDO, Sivagangai, has issued an errata on 13.09.1979 changing the S.No. 1/6 instead of S.No.1/2. The said land in question in S.No.1/6 measuring an extent of 2.79.50 hectares and the