D. Rajamanickam, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 D.Rajamanickam ... Petitioner Vs.
1.The District Collector, Tiruchirappalli.
2.The Commissioner, 807, Annasalai, Chennai-2.
3.The Assistant Director, No.10, Williams Road, Tiruchirappalli District.
4.The Sub-Registrar, Manachanallur Taluk, Tiruchirappalli District.
5.The Commissioner, Panchayat Union, Tiruchirappalli District.
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6.Panchayat President, Poonampalayam, Tiruchy District-620 009.
7.G.Ravindran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 6 to take action against the seventh respondent for un authorized development of the lands by promoting unapproved layout by name K.V.G. Nagar and to restrain the seventh respondent from effecting any sale in respect of the plots comprised in un approved K.V.G Nagar layout admeasuring an extent of acre 4.81 cents and comprised in Survey No.416/1, 2A.3, 417/3A, 3B, 4 and 415/1,2 and 3 Poonampalayam Village, Manachanallur Taluk, Manachanallur Sub Registration, Tiruchirappalli District pending approval from the third and sixth. For Petitioner : M/s.J.Maria Roseline For R-1 to R-6 : M/s.B.Saravanan Additional Government Pleader For R-7 : No appearance 2/6
ORDER
The present Writ Petition has been filed for a Writ of Mandamus, directing the official respondents to initiate action as against the seventh respondent herein for promoting a layout without giving access to the property, which are located behind the property of the seventh respondent herein.
2. The main contention of the writ petitioner is that though certain survey numbers were shown as road in the layout approval submitted by the seventh respondent herein, the entire road was not gifted to the official respondents and a portion of the road was retained by the promoter, so as to obstruct the access to the properties of the writ petitioner.
3. However, pending writ petition, it is the contention of the petitioner that the entire road portion has been gifted by the seventh respondent herein in favour of the sixth respondent herein by way of a registered gift deed, dated 20.10.2022, in document No.6425 of 2015. 3/6
The learned Counsel for the petitioner further submitted that in view of the said gift deed, the roads in the layout, promoted by the seventh respondent have been linked to the roads, now created in the layout of the writ petitioner herein.
4. In view of the above said facts, no further orders are called for in the present writ petition. Hence, the writ petition stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
01.12.2022 Index :
Yes / No Internet :
Yes / No btr To 1.The District Collector, Tiruchirappalli.
2.The Commissioner, 807, Annasalai, Chennai-2.
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3.The Assistant Director, No.10, Williams Road, Tiruchirappalli District.
4.The Sub-Registrar, Manachanallur Taluk, Tiruchirappalli District.
5.The Commissioner, Panchayat Union, Tiruchirappalli District.
6.Panchayat President, Poonampalayam, Tiruchy District-620 009.
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R.
VIJAYAKUMAR , J.
btr Order made in 01.12.2022 6/6