W.P.(MD) No.20975 of 2019

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.

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W.P.(MD) No.20975 of 2019

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

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W.P.(MD) No.20975 of 2019

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