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Madras High CourtWP/463/2014disposed of

P.Gopal v. The Government Of Tamilnadu

2016-06-30Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.463 of 2014 P.Gopal .. Petitioner -vs1.The Government of Tamil Nadu, rep. by its Secretary, Revenue Department, Chennai-600 009.

2.The District Collector, Office of the District Collector, Sathuvachari, Vellore - 9.

Vellore District.

3.The Commissioner, Municipality, Arcot, Vellore District.

4.The President, Dasipuram Panchayat, Arcot, Vellore District.

5.M.T.Dayaparan 6.M.Lakshmi .. Respondents (Respondent Nos.5 & 6 impleaded as per order in M.P.No.1 of 2014, dt. 27.1.2014) Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to retain the Velmurugan Street, Thoppukana, Arcot, Vellore District as per the approved Layout No.8720/86 dated 07.03.89 as claimed in the representation dated 16.09.2013 in the interest of general public.

For Petitioner : Mr.S.Mohana Murali for M/s.V.Parivallal

For Respondents : Mr.STS.Moorthy Govt. Pleader for R1 to R4 Mr.T.P.Prabakaran for R6 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges that the land which was gifted to the Panchayat by respondent No.5 and thus became public property has been subsequently sold to respondent No.6.

2. The learned counsel for respondent No.6 states that respondent No.6 has a valid sale deed in her favour.

3. We call upon the District Collector, Vellore/respondent No.2 to cause an enquiry into these allegations and counter allegations by a competent revenue authority after notice to all concerned. Needless to say, if the land already stands gifted and vests with the Panchayat, then there can be no question of any subsequent sale deed and that eventually, necessary steps would have to be taken to protect the rights of the Panchayat. This exercise be undertaken within a maximum period of four months of the receipt of this order.

4. The writ petition, accordingly, stands disposed of. No costs.

bbr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Secretary, Revenue Department, Chennai-600 009.

2.The District Collector, Office of the District Collector, Sathuvachari, Vellore - 9.

Vellore District.

3.The Commissioner, Municipality, Arcot, Vellore District.

+ 1 cc to M/s.V.Parivallal, Advocate Sr 37177 + 1 cc to Mr.T.P.Prabakaran, Advocate Sr 37233 KR/13/7/16 W.P.No.463 of 2014