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Madras High CourtWP/2069/2023disposed of

N.Dharmaraj v. The Chief Secretary

2023-02-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 2069 of 2023 N.Dharmaraj .. Petitioner

Versus

1.The Chief Secretary Government of Tamil Nadu Secretariat, Fort St.George Chennai 2.The District Collector Namakkal Namakkal District 3.The District Revenue Officer District Revenue Office Namakkal District 4.Periyamanali Village Panchayat Rep by its President Periyamanali Village Panchayat Office Periyamanali Village Tiruchengode Namakkal District .. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to reconvey/return the land measuring to an extent of one cent gifted by the petitioner to the fourth 1/4

respondent vide gift deed in document No.2610 of 2021 dated 13.12.2021 on the file of SRO, Velagoundampatti in Old Survey No.353/8A and new Survey No. 353/8A, based on the petitioner's representation dated 22.09.2022.

For Petitioner : Mr.R.Suresh Kumar for M/s.K.M.Vijayan Associates For Respondents : Mr.N.Naveen Kumar for R1 to R4 Government Advocate

ORDER

This Petition has been filed seeking to direct the respondents to reconvey/return the land measuring to an extent of one cent gifted by the petitioner to the fourth respondent vide gift deed in document No.2610 of 2021 dated 13.12.2021 on the file of SRO, Velagoundampatti in Old Survey No.353/8A and new Survey No. 353/8A, based on the petitioner's representation dated 22.09.2022.

2. According to the writ petitioner, one cent of land was gifted to the fourth respondent for construction of Water tank for the benefit of the village. However, the water tank has been constructed in some other place and the gifted land has not been utilised. Hence, seeks directions to reconvey/return the land to the petitioner.

3. The learned Government Advocate, on instructions, filed a report 2/4

of the fourth respondent admitting that the land was gifted by the petitioner for the sole purpose of construction of water tank, since, the land gifted is not suitable for construction of the water tank, they decided to construct the water tank to some other place. However, the fourth respondent has no objections to re-convey the gifted land to the petitioner.

4. Such view of the matter, as the gifted land is not utilised and the fourth respondent has no objections to re-convey the property to the petitioner. Therefore, the fourth respondent is directed to re-convey the property to the petitioner and the petitioner shall bear the registration charges. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this Order.

5. With the above directions, this writ petition stands disposed of. No costs.

01.02.2023 dhk Index : Yes / No Speaking Order : Yes / No N.SATHISH KUMAR, J.

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dhk To 1.The Chief Secretary Government of Tamil Nadu Secretariat, Fort St.George Chennai 2.The District Collector Namakkal Namakkal District 3.The District Revenue Officer District Revenue Office Namakkal District 4.Periyamanali Village Panchayat Rep by its President Periyamanali Village Panchayat Office Periyamanali Village Tiruchengode Namakkal District 01.02.2023 4/4