Advocates:
['M/S K THANGARASU', '', 'A R SURESH A RAJENDIRAN', 'G DHAROGA', 'GANESAN LEARNED STANDING COUNSEL', '', 'TAMILMANI STANDING COUNSEL']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.No.31192 of 2016

and

W.M.P.No.27065 of 2016

Chennai Vazh Sattankulam Vattara Nadar

Uravinmurai Sangam,

Regd.No.876/1979,

Rep by its President, A.Krishanan,

No.37/5, Arya Gowder Road, West Mambalam,

Chennai – 600 033.

... Petitioner

Vs.

1.The Commissioner,

Greater Chennai Corporation,

Ripon Buildings,

Chennai – 600 003.

2.The Member Secretary,

CMDA, Chennai – 8.

(R2 Suo-moto impleaded as per

order dated 13.08.2018).

... Respondents

Prayer: Writ Petition is filed under Article 226 of the

Constitution of India praying for the issuance of Writ of

Mandamus, forbearing the respondent, his men, agents

subordinates, servants or officials from in any manner

interfering with the peaceful possession and enjoyment of the

Private property of the Petitioner's Sangam comprised in Revenue

Survey No.598/1 and 598/2, Velacherry Village, Saidapet Taluk,

measuring an extent of about 13,000 Sq.ft, bounded on the North

by Plot No.37 and 40, South by 40 feet Road, east by 24 feet

Road and West by 24 Feet Road bearing Patta No.6762.

For Petitioner : Mr.A.R.Suresh

For Respondents: Mr.Ganesan,

Standing Counsel for R1

Mr.Tamilmani,

Standing Counsel for R2

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Earlier the petitioner had filed W.P.No.29801 of 2005

against the Commisioner, Alandur Municipality represented by its

Commissioner which has been merged that the respondent Greater

Chennai Corporation. In the said writ petition, the petitioner

had secured an interim order dated 16.09.2005 which was made

absolute on 26.10.2006. Thereafter, the writ petition was

disposed by the order dated 22.01.2003 with the following

observations:

5.Since the petitioiner claims to be in

possession of the property in question

for several years, the Writ Petition is

disposed of by observing that it is

open to the Corporation of Chennai, to

take action against the petitioner if

they have encroached into the property

of the Corporation of Chennai, after

giving notice to the petitioner.

2.The petitioner has now filed the present writ petition

stating that the 1^st respondent is encroaching on the property of

the petitioner which was settled in favour of the petitioner's

trust under a settlement deed dated 25.03.1982 and that the

petitioner has been in possession of the said property and patta

has been issued by the Revenue Authorities in favour of the

petitioner as early as 13.01.1994. The 1^st respondent has filed

a counter. In para 4 it has been stated as follows:

4.I respectfully submit that the said

vacant land measuring 5 ground and 100

sq.ft (i.e 13000 sq.ft) in Survey No.598/1

and 598/2 in Velacherry Village was

originally allotted for communcal and

recreation purpose in the approved layout

No.6/76 by former MMDA (presently CMDA) in

the year 1976. Presently those lands

allotted for communcal and rereation

purposes are mentioned as OSR (Open space

reservation) used for public parks and

playfield area by local bodies and

Municipal Corporations. Those OSR lands

could not be sold to any third persons by

the layout promoter. This was sold by a

gift deed to the petitioner by the legal

heirs of the layout promoter as per the

document No.1227/1982 at the Sub Regiter

Office of Saidapet. Based on the document

the petitionern obtains Patta. Also letter

has been sent by Greater Chennai

https://hcservices.ecourts.gov.in/hcservices/

Corporation to Thasildar, Velacherry to

cancel the Patta issued to the petitioner.

3.It is further submitted that the land in question is a OSR

land allotted in the layout can not be allowed for any civil

structures and only parks playfied with basic amenities cou