A. John v. The Director Of Town And Country Planning
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.1214 & 1216 of 2025 A.John ... Petitioner vs.
1.The Director of Town and Country Planning, Opposite LIC, Chegalvarayan Building, Fourth Floor, Anna Salai, Chennai - 600 002.
2.The Deputy Director of Town and Country Planning, Trichy Region, Kajamalai Main Road, Kajamalai, Tiruchirapalli - 620 023.
3.The Member Secretary, Trichy Local Planning Authority, Kajamalai Main Road, Kajamalai, Tiruchirapalli - 620 023.
4.The Block Development Officer, Thiruverumbur, Tiruchirapalli - 620 010.
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5.The President, Panayakurichi Panchayat, Thiruverumbur Taluk, Tiruchirapalli - 620 013.
6.The Sub Registrar, Joint III Sub Registrar's Office, Tiruchirappalli - 620 002.
7.P.Senthil Arasu 8.R.Palanisamy 9.P.Valarmathi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the sixth respondent pertaining to gift deed dated 29.02.2024 executed by the eighth and ninth respondents in favour of the fifth respondent and registered by the sixth respondent as Document No.1020 of 2024, quash the same and consequently forbear the sixth respondent from registering any document in respect of S.No.68B/3B of Panayakurichi Village, Thiruverumbur Taluk, Tiruchirapalli District without getting proper layout approval for the land. For Petitioner : Mr.K.S.Vamsidhar For RR 1 to 4 & 6 : Mr.J.Ashok Additional Government Pleader For RR 7 to 9 : Mr.A.R.Kannappan 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The gift deed executed by the respondents 8 and 9, gifting their lands in favour of Panayakurichi Panchayat for the formation of a road for the benefit of the public, is under challenge in the present Public Interest Litigation. 2.The learned counsel for the petitioner strenuously contended that the gift deed would result in the infringement of the rights of the people in that locality.
3.However, this Court does not find any substance in the arguments, since the respondents 8 and 9 are admittedly the owners of the land and have gifted a portion of it for formation of a road in favour of the Panchayat. If at all such a gift deed has been executed with an ulterior motive or for any other purpose, the petitioner is at liberty to raise an appropriate complaint whenever an actual grievance arises. The petitioner cannot raise presumptive grounds merely based on the execution of the gift deed by the respondents 8 and 9 in favour of the local body. As of now, the petitioner has not established any right warranting 3/6
interference. Hence, the Writ Petition is devoid of merits and does not deserve consideration. However, in the event of any illegality, irregularity or violation of rules, the petitioner is at liberty to pursue appropriate remedy in accordance with law.
4.Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S.,J.] & [A.D.M.C.,J.] 02.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6
To 1.The Director of Town and Country Planning, Opposite LIC, Chegalvarayan Building, Fourth Floor, Anna Salai, Chennai - 600 002.
2.The Deputy Director of Town and Country Planning, Trichy Region, Kajamalai Main Road, Kajamalai, Tiruchirapalli - 620 023.
3.The Member Secretary, Trichy Local Planning Authority, Kajamalai Main Road, Kajamalai, Tiruchirapalli - 620 023.
4.The Block Development Officer, Thiruverumbur, Tiruchirapalli - 620 010.
5.The President, Panayakurichi Panchayat, Thiruverumbur Taluk, Tiruchirapalli - 620 013.
6.The Sub Registrar, Joint III Sub Registrar's Office, Tiruchirappalli - 620 002.
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S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 02.06.2025 6/6