R.Devadoss v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Devadoss .. Appellant Vs 1 The Member secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore Chennai - 600 008.

2 The Commissioner Kattankulathur Panchayat Union Chenglapattu Taluk and District.

3 Sivashankar Real Estate Pvt. Ltd Rep. by its Managing Director, A.Sivashankar No.1/460, Mount-Poonamalee Road Ayyappanthangal, Chennai - 600 056.

4 A.T.Viswanathan .. Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 2.1.2023 passed in W.P.No.34992 of 2022 by the learned Single Judge.

For the Appellant : Mr.K.M.Balaji For the Respondents : Mr.R.Sivakumar for 1st respondent : Mr.P.Muthukumar State Government Pleader for 2nd respondent

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.K.M.Balaji, learned counsel for the appellant; Mr.R.Sivakumar, learned counsel for the first respondent; and Mr.P.Muthukumar, learned State Government Pleader for the second respondent.

2. According to learned counsel for the appellant, the authority under the provisions of the Tamil Nadu Town and Country Planning Act, 1971, more particularly Section 54 of the Act, has got powers to modify and/or revoke the permission granted.

3. The appellant has already filed a civil suit, bearing O.S.No.167 of 2019, for the same relief. The learned Single Judge

has observed that in case the appellant proves that his signature is forged and the civil court comes to the conclusion that the documents are resultant of the forgery, the appellant is certainly entitled to retrieve the land as per the decision of the civil court. As the civil suit is pending, the learned Single Judge refrained from entertaining the writ petition on merits.

4. Needless to state that the civil court will have to decide the suit on the basis of the evidence adduced before it and uninfluenced by any observations made by the court in a writ petition.

5. With these observations, the writ appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.No.12442 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 21.06.2023 Index :

Yes/No Yes/No sasi

To:

1 The Member secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore Chennai - 600 008.

2 The Commissioner Kattankulathur Panchayat Union Chenglapattu Taluk and District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi) 21.06.2023