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2023 Supreme(Online)(MAD) 18160
2023:MHC:4290 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 12.09.2023 PRONOUNCED ON : 21.09.2023 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.25981, 29953 & 4839 of 2017 and W.M.P.Nos.27574, 27575 of 2017, 14368 of 2018, 32462, 32463 & 5058 of 2017 W.P.No.25981 of 2017:
M/s.Kothari Industrial Corporation Limited, Rep. by its Chairman and Managing Director, Mr.Pradip D.Kothari, No.114, Mahathma Gandhi Salai, Kothari Building, Nungambakkam, Chennai – 600 034. ... Petitioner Vs.
1.The Secretary to Government, Department of Municipal Administration, Government of Tamil Nadu, Fort St. George, Chennai – 600 009.
2.The District Collector, Nilgiris District, Nilgiris District – 643 102.
3.The Commissioner, Coonoor Municipality, Nilgiris District – 643 102.
4.The Revenue Divisional Officer, Coonoor, Nilgiris District. 5.The Tahsildar, Taluk Office, Coonoor, Nilgiris District.
6.Mr.A.Asmath Ali
7.Mr.E.John Fred Vinil ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order No.Na.Ka.U2/15664/2016 dated 06.09.2017 of the Second Respondent and quash the same.
For Petitioner : Mr.P.V.Bala Subramaniam Senior Counsel For M/s.BFS Legal For R1, R2, R4 & R5 : Mr.G.Krishna Raja Additional Government Pleader For R3 : Mr.R.Subbu Raj For R6 : Mr.T.Dharani For R7 : Mrs.G.Thilagavathi Senior Counsel For Mr.R.Gophinath W.P.No.29953 of 2017:
John Fred Vinil ... Petitioner Vs.
1.The District Collector, District Collectorate, Nilgiris District, Ootacamund.
2.The Revenue Divisional Officer, Coonoor.
3.The Tahsildar, Taluk Office, Coonoor.
4.The Commissioner, Coonoor Municipality, Coonoor. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of the 1st respondent in Na.Ka.No.U2/15664/2014 dated 06.09.2017 and quash the same.
For Petitioner : Mrs.G.Thilagavathi Senior Counsel For Mr.R.Gophinath For R1 to R3 : Mr.G.Krishna Raja Additional Government Pleader For R4 : Mr.R.Subbu Raj W.P.No.4839 of 2017:
Mr.E.John Fred Vinil ... Petitioner Vs.
1.The Secretary to Government, Department of Municipal Administration, Government of Tamil Nadu, Fort St. George, Chennai – 600 009.
2.The District Collector, The Nilgiris District, The Nilgiris District – 643 102.
3.The Commissioner, Coonoor Municipality, The Nilgiris District – 643 102. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent's impugned Notice No.138/2016 F1 dated 17.11.2016 and quash the same and directing the third respondent to give Building Plan approval after conducting a fresh survey.
For Petitioner : Mrs.G.Thilagavathi Senior Counsel For Mr.R.Gophinath For R1 & R2 : Mr.G.Krishna Raja Additional Government Pleader For R3 : Mr.R.Subbu Raj
COMMON ORDER
The writ petition in W.P.No.25981 of 2017 is filed by the M/s.Kothari Industrial Corporation Limited, challenging the order dated
06.09.2017 passed by the 2nd respondent / District Collector.
1. (a) The writ petition in W.P.No.29953 of 2017 is filed by Mr.John Fred Vinil, challenging the order of the District Collector dated 06.09.2017 cancelling the permission granted and to demolish the illegal construction by evicting the encroachers.
1. (b) The writ petition in W.P.No.4839 of 2017 is filed by Mr.E.John Fred Vinil, challenging the notice dated 17.11.2016 issued by the Commissioner, Coonoor Municipality, rejecting the application submitted by the writ petitioner for grant of building planning permission.
2. On 31.10.1984, the writ petitioner M/s.Kothari Industrial Corporation Limited submitted an application to the Director of Town and Country Planning, Chennai for approval of two layouts namely Brook Land Estate, which was approved by the Director of Town and Country Planning.
One approval was granted in LP/R(CPN) No.173/84 in revenue Survey No.384 part to an extent of 10.21 acre land consisting of 62 plots, park area, 2635.06 Sq.m, children play ground to an extent of 570.37 Sq.m, school play ground and open area to an extent of 2167.07 Sq.m and shop for 624 Sq.m. Another layout of Brook Land Estate was approved in LP/R(CPN) No.19/85 in revenue S.No.384/1A & 418 in an extent of 11.18 acres, which consist of 77 plots, park and open space 5666 Sq.m and shop area 810 Sq.m.
3. The Senior Deputy Director, Director of Town and Country Planning approved the layout vide letter R.O.C.No.8874/85 Ko.Pa.No.Ma4 dated 31.09.1985.
4. In order to comply with the conditions stipulated in the Tamil Nadu Town and Country Planning Act, 1971, the writ petitioner admittedly registered a Gift Deed in favour of Coonoor Municipality in Document No.719 of 1985. The Coonoor Municipality / Local Planning Authority approved the park and road space by Resolution No.3 dated 10.05.1985. The Coonoor Municipality council has approved the layout through its Resolution No.2672 dated 30.05.1990. The writ petitioner complied with the conditions and finally handed over the road, park and play ground by registered Gift Deed vide Document No.934/1990.
5. The writ petitioner Mr.E.John Fred Vinil in other two writ petitions, filed an application for building approval on 07.12.2015, which was returned on 16.12.2015. A representation was submitted. The 3rd respondent / Commissioner, Coonoor Municipality refused to grant building plan approval in favour of the Mr.E.John Fred Vinil. Thereafter, the Town Surveyor inspected the land and submitted his report. The report revealed that the land was already gifted for common purposes in favour of the Municipality and therefore, the application submitted by the said Mr.John Fred Vinil was rejected.
6. Since the common amenities area are attempted to be occupied illegally, the 3rd respondent / Commissioner, Coonoor Municipality issued a demolition notice under Section 217-B, 217(J) and 217(G) of Tamil Nadu District Municipality Act, 1920 on 17.11.2016. The Subsequent applications submitted by the said Mr.E.John Fred Vinil was also rejected on the ground that the subject land vested with the Municipality in view of the Gift Deed executed in compliance with the conditions imposed in the layout approval under the provisions of the Tamil Nadu Town and Country Planning Act. The Said Mr.John Fred Vinil filed a writ petition before this Court and the Commissioner, Coonoor Municipality during the hearing of the writ petition brought to the notice of the High Court that the said Mr.E.John Fred Vinil constructed the building even during the pendency of the writ petition. The 3rd respondent / Commissioner, Coonoor Municipality lodged a complaint to the Police Authority. Thereafter, further actions were stopped.
7. The Gift Deed executed by M/s.Kothari Industrial Corporation Limited on 2nd July, 1990 reveals that the donor M/s.Kothar
