✦ High Court of India · 19 Feb 2024

High Court · 2024

Case Details High Court of India · 19 Feb 2024

Court

High Court of India

Decided

19 Feb 2024

Bench

R COURT WAS MADEBY S M SUBRAMANIAM

Length

1,303 words

Acts & Sections

Constitution of India

WP No.998 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19-02-2024CORAMTHE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAMAndTHE HONOURABLE MR. JUSTICE K.RAJASEKARWP No.998 of 2019AndWMP No.1114 of 20191.Mr.M.S.Subramanian2.Mrs.Jayanthi S.Mani.. Petitioners -vs-1.The Commissioner, Cuddalore Panchayat Union, Cuddalore District.2.The Superintendent of Police, Cuddalore District, Cuddalore.3.The Tahsildar, Cuddalore Taluk, Cuddalore District.Page 1 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 20194.Mrs.Asha5.The Assistant Director, Town and Country Planning, Villupuram.6.The Block Development Officer, Cuddalore.[R-5 and R-6 are suo motu impleaded vide order of Court dated 01.02.2024 made in WP No.998 of 2019].. RespondentsWrit Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 3 to initiate action against the fourth respondent ad protect the public road situate at old S.No.142/1A, New S.No.15/4, between Plot Nos.126 and 127 of Anugragha Satellite Township Extension in the Elite Group, Periyakatupalayam Village, Madhalapattu Madura, within the Cuddalore Panchayat Union limits, Cuddalore Taluk, Cuddalore District, by maintaining the road by removing the encroachment.For Petitioners :Mr.V.ChandrakanthanFor Respondents-1 to 3, and 5 and 6:Mr.A.Selvendran, Special Government Pleader.Page 2 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019For Respondent-4:Mr.L.SwaminathanO R D E R[ORDER OF THE COURT WAS MADEBY S.M.SUBRAMANIAM, J.]The writ on hand has been instituted to direct the respondents 1 and 3 to initiate action against the fourth respondent and protect the public road situate at old S.No.142/1A, New S.No.15/4, between Plot Nos.126 and 127 of Anugragha Satellite Township Extension in the Elite Group, Periyakatupalayam Village, Madhalapattu Madura, within the Cuddalore Panchayat Union limits, Cuddalore Taluk, Cuddalore District, by maintaining the road by removing the encroachment.2. The petitioners have purchased Plot Nos.126 and 127 of Anugragha Satellite Township Extension in the Elite Group, Periyakatupalayam Village, Madhalapattu Madura, within the Cuddalore Page 3 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019Panchayat Union limits, Cuddalore Taluk, Cuddalore District.3. The grievances of the petitioners are that 30 feet road as per the approved layout has been encroached upon by the fourth respondent. The public road lies on the northern side of Plot No.127 and Southern side of Plot No.126.4. Mr.V.Chandrakanthan, learned counsel for the petitioners would submit that the subject road in between Plot Nos.126 and 127 was gifted in favour of Cuddalore Panchayat Union under the provisions of Town and Country Planning Act. Therefore, the Authorities are duty bound to remove the encroachments and protect the public road for the benefit of the public at large and as per the Approved Layout Plan.5. Mr.L.Swaminathan, learned counsel for the fourth respondent, would oppose the contentions raised on behalf of the petitioners by stating that the portion of the disputed land was regularised by the Assistant Director, District Town and Country Planning, Cuddalore District. Page 4 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019Therefore, the said portion of the subject property is not a public road as per the layout. Thus the present writ petition is to be rejected.6. Mr.A.Selvendran, learned Special Government Pleader, appearing on behalf of the respondents 1 to 3, 5 and 6, would submit that the said portion of the property has not been gifted in favour of the Panchayat Union. Further, the Authorities have regularised the portion of the land and therefore, the claim of the writ petitioners is not in accordance with the Gift Deed executed pursuant to the Approved Layout Plan.7. We have carefully examined the Approved Layout Plan and the Gift Deed executed by the erstwhile owner of the subject land in favour of the Panchayat Union. The Gift Deed produced by the respondents would reveal that the 30 feet road situates North to Plot No.127 and South to Plot No.126. The Approved Layout Plan produced before this Court would also reveal that the 30 feet road exists between Plot Nos.126 and 127.8. With reference to the Approved Layout Plan, we have examined the Gift Deed executed by the erstwhile owner of the subject land Page 5 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019in favour of Madhalapattu Cuddalore Panchayat Union. Paragraph 18 relating to the subject property schedule reads as under:-“18) uP/ru;nt be/15-4 gFjpapy; rk;ke;jg;gl;lJk;. Nkw;go kidg;gpuptpy; nghlg;gl;Ls;sJkhd fp/nk/30 mo mfy rhiyahdJ fpHf;F nkw;fpy; 270 mo bjw;F tlf;fpy; 30 mo/ Mf ,jw;F rJuo 8100 ,jw;F 725/51 rJu kPl;lu;/ ,e;j mst[s;s rhiyf;F ehd;F vy;iy kdig;gpuptpy; nghlg;gl;Ls;s bj/t 30 mo mfy 9?tJ FWf;F rhiyf;F (fpHf;F). kid vz;fs; 131. 132 MfpaitfSf;F (nkw;F). kid vz;fs; 2A, 3A, 6A MfppaitfSf;Fk;. bj/t/8?tJ FWf;F rhiyf;Fk;. Kid vz;fs; 7A, 8A, 9A MfpaitfSf;Fk;. bj/t/7?tJ FWf;F rhiyf;Fk;. kid vz;/127?f;Fk; (tlf;F). kid vz;.126?f;Fk;. bj/t/7?tJ FWf;F rhiyf;Fk;. kid vz;fs; 10A, 11A, 12A MfpaitfSf;Fk;. bj/t/8?tJ FWf;F rhiyf;Fk;. kid vz;/5A, 4A. 1A MfpaitfSf;Fk; (bjw;F)/@9. The petitioners also filed the Gift Deed, which also reflects Page 6 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019the same schedule. The description in the Schedule would unambiguously indicate that the 30 feet road is approved in the layout plan for public use. The Plot No.127 situate bounded on the Southern side of the 30 feet road. Therefore, it is amply clear that the 30 feet road has been provided in the Approved Layout Plan and the said 30 feet road reflects both in the sketch as well as in the Gift Deed executed by the erstwhile owner of the land in favour of Madhalapattu Cuddalore Panchayat Union. Thus the claim set out by the petitioners is in consonance with the Approved Layout Plan and the Gift Deed executed in favour of Madhalapattu Cuddalore Panchayat Union.10. Today, i.e., on 19.02.2024, Mr.G.Gopalakrishnan, Assistant Director (i/c), Cuddalore Town and Country Planning (Cell No.94425 71548) and Mr.P.Partheeban, Block Development Officer (VI), Cuddalore (Cell No.74026 06232) are present before this Court along with the files. The Gift Deed produced by them along with the Approved Layout Plan are examined by this Court.11. The respondents 1 to 3, 5 and 6 are directed to conduct Page 7 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019Field Inspection to maintain the public roads in the entire layout and identify all the encroachments, if any. If encroachments are identified in the layout or misuse of public amenities and infrastructures provided in the layout, then appropriate actions are to be initiated to evict the encroachers and resume the land for the purpose for which it was approved in the layout plan.12. Pertinently, the layout provides place for building grounds, parks, schools and OSR lands for public purposes. All such aspects are to be verified by conducting inspection and irregularities or illegalities if identified, all appropriate actions are to be initiated.13. Regularisation of the road area by the Assistant Director of Cuddalore Town and Country Planning is running counter to the Approved Layout Plan and the Gift Deed executed. Pertinently, the Assistant Director of Cuddalore Town and Country Planning has not verified the Gift Deed properly and committed violations. Thus regularisation cannot be sustained.14. In view of the above facts and circumstances, the Page 8 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019respondents 1 to 3, 5 and 6 are directed to remove all encroachments in the subject road, which is approved as a public road and maintain the said portion as a road for public use for all purposes. The said exercise is directed to be completed, within a period of twelve weeks from the date of receipt of a copy of this order.15. With the above directions, the present writ petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.Post this matter under the caption 'For Reporting Compliance' on 13.06.2024.(S.M.SUBRAMANIAM,J.) (K.RAJASEKAR,J.) 19-02-2024Index : Yes/NoInternet: Yes/NoSpeaking order/Non-Speaking orderNeutral Citation : Yes/NoSvnPage 9 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019To1.The Commissioner, Cuddalore Panchayat Union, Cuddalore District.2.The Superintendent of Police, Cuddalore District, Cuddalore.3.The Tahsildar, Cuddalore Taluk, Cuddalore District.4.The Assistant Director, Town and Country Planning, Villupuram.5.The Block Development Officer, Cuddalore.Page 10 of 11 https://www.mhc.tn.gov.in/judis WP No.998 of 2019S.M.SUBRAMANIAM, J.ANDK.RAJASEKAR, J.SvnWP 998 of 201919-02-2024Page 11 of 11

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