M/S.S And P Foundation Pvt.Ltd v. P.Mala
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and CMP.No.27663 of 2024 M/s.S And P Foundation Pvt.Ltd Rep. by S.V.Sriramalu, No.6, Amarvilla, No.4/211, MGR Street Palavakkam, Chennai-600041 Appellant(s) Vs 1.P.Mala W/o.Panneerselvam, No.26/42, Dr.Ambedkar Street Old Perungalathur, Chennai-600063 2.The Director Town and Country Planning, having office at Chennai Metropolitan Development corporation Building, E and C Market Road, Koyambedu, Chennai-600107
3. The Tahsildar Kundrathur Taluk, Kancheepuram District
4. The Sub Registrar Sriperumbudur, Kancheepuram District Respondent(s) Prayer: Writ Appeal filed praying to set aside the order dated 22.10.2024 passed in W.P.No.1557/2024 .
Page 1/7
For Appellant(s): Mr.A.K.Shriram, Senior counsel for Mr. K.K.Sivasshanmugam For Respondent(s): Mr.Vadivel Deenadayal AGP for R2 to R4 M/s. M.Santhanaraman- For R1
ORDER
(Order of the Court was made by the Hon'ble J.Nisha Banu J.) Today, when the matter is called, learned counsel for the appellant and the 1st respondent/writ petitioner would submit that compromise has been entered into between the appellant and the 1st respondent and other respondents are authorities and they are formal parties. The counsel on both sides would further submit that the Joint Memo of Compromise may be recorded and the writ appeal may be closed.
2. We heard counsel appearing for both sides and perused the Joint Compromise memo. Taking note of the fact that the parties have amicably resolved the disputes between them, this Writ Appeal is disposed of in terms of Joint Memo of Compromise entered into between the appellant and the first respondent. The terms of Joint Memo of compromise is as under:- Page 2/7
JOINT MEMO OF COMPROMISE FILED BY THE APPELLANT AND THE FIRST RESPONDENT.
"The appellant and the 1st respondent herein respectfully submit as follows:
1.The parties have amicably resolved the disputes between them pertaining to the land situated in Survey Nos.42/1 and 42/2, Karasangal Village, Kundrathur Taluk, Kancheepuram District which was the subject matter of the Writ Petition No.1557 of 2024 and the present Writ Appeal No.3563 of 2024.
2.The 1st respondent had filed W.P.No.1557 of 2024 challenging the layout approval granted the appellant vide proceedings in Na.Ka.No.7060/2021/TCP-5 dated 19.08.2021 by the 1st respondent in that writ petition (Director, Town and Country Planning) on the ground of erroneous identification of Survey boundaries in the layout plan.
3. The learned Single Judge, by final order dated 22.10.2024, had directed the official respondents to carry out a survey and modify the layout approval accordingly. Page 3/7
Aggrieved, the appellant preferred the present writ appeal.
4. During the pendency of the Writ Appeal, the 1st respondent, along with her predecessor-in-title, executed and duly registered a Rectification Deed dated 15.03.2025, bearing Document No.3129/2025. This deed was executed to rectify and accurately reflect the topographical description and location of the land as originally conveyed in the Settlement Deed dated 13.02.2009, pertaining to 1 acre of land situated in Survey No.42/2. Subsequently, by virtue of a registered Sale deed dated 15.03.2025, bearing Document No.3130/2025, the 1st respondent has lawfully conveyed rectified title and possession of the said land in Survey No.42/2 on the northern side to the appellant.
5. In view of the above subsequent developments and settlement:
●The Writ Appeal may be closed as the parties have resolved the dispute through the registered Page 4/7
documents.
●The order dated 22.10.2024 passed in W.P.No.1557 of 2024 may be recorded as having become infructuous in view of the settlement and the rectification and sale deeds executed.
●No further orders are required in the Writ Petition or the Appeal in light of the compromise and the completed conveyance.
6. Copies of the following documents are annexed hereto for the perusal of this Hon'ble Court:
●Rectification Deed dated 15.03.2025 in doc.No.3129/2025.
●Sale Deed dated 15.03.2025 in Doc.No.3130/2025.
7. The parties respectfully pray that this Hon'ble Court may be pleased to record the above compromise and close the Writ Appeal accordingly.
Dated at Chennai on this 24th day of March, 2025. " Page 5/7
The Writ Appeal is disposed of and the Joint memo of compromise shall form part of the order. No costs. Consequently, connected Miscellaneous Petition is closed.
(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 11-06-2025 nvsri To
1. P.Mala W/o.Panneerselvam, No.26/42, Dr.Ambedkar Street Old Perungalathur, Chennai-600063
2. The Director Town and Country Planning, having office at Chennai Metropolitan Development corporation Building, E and C Market Road, Koyambedu, Chennai-600107
3. The Tahsildar Kundrathur Taluk, Kancheepuram District
4. The Sub Registrar Sriperumbudur, Kancheepuram District Page 6/7
J.NISHA BANU, J.
AND M.JOTHIRAMAN, J.
nvsri 11.06.2025 Page 7/7