K.Raju v. R.Vasudevan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.A(MD)No.1352 of 2024 and C.M.P(MD)No.10587 of 2024 and W.A(MD)No.1353 of 2024 and C.M.P(MD)No.10596 of 2024 W.A(MD)No.1352 of 2024:

K.Raju ... Appellant/3rd Party -vs1.R.Vasudevan ...1st Respondent/Petitioner 2.The Director, No.807, Anna Salai, Chennai - 600 002.

3.The Assistant Director, 4.The Member Secretary, 5.The Commissioner, Cumbum - 625 516, Theni District.

.. Respondents 2 to 5/Respondents 1 to 4

PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order dated 27.09.2023 made in W.P(MD)No.17869 of 2023. W.A(MD)No.135 of 2024:

K.Raju ... Appellant/3rd Party -vs1.R.Sivakumar ...1st Respondent/Petitioner 2.The Director, No.807, Anna Salai, Chennai - 600 002.

3.The Assistant Director, 4.The Member Secretary, 5.The Commissioner, Cumbum - 625 516, Theni District.

.. Respondents 2 to 5/Respondents 1 to 4 PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order dated 27.09.2023 made in W.P(MD)No.17870 of 2023. (In both Writ Appeals) For Appellant :Mr.R.Suriya Narayanan For R-1 :Mr.M.Karuppasamy Pandian For RR2, 3 and 4 :Mr.P.T.Thiraviyam, Government Advocate

For R5 :Mr.Hema Karthikeyan COMMON JUDGMENT [Judgment of the Court was made by R.SUBRAMANIAN, J.] These writ appeals at the instance of the appellant/third party cannot be entertained.

2. The learned single Judge has only stated that in the event of failure by the Government to acquire the land which are notified for public utilities in the development plans, the said lands automatically stood reverted to the land owners by operation of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

3. If at all the appellant is aggrieved, the appellant can proceed in an action for damages against the Government for its failure to acquire the land.

4. The learned counsel for the first respondent in the both the writ appeals would submit that pursuant to the order of the learned single Judge, the land has been released by the Government.

5. The learned counsel for the appellant would submit that Section 52 of the Transfer of Property Act, 1882, would apply.

6. Section 52 of the Transfer of Property Act, applies only when a suit in which the title to the immovable property is directly and substantially in issue. Pendency of a Public Interest Litigation for a collateral purpose will not a bar for any transfer. Even otherwise Section 52 of the Transfer of Property Act makes transfers only subject to the result of the pending litigation. It does not render alienations or transfers void.

7. In view of the same, we see no merit in the writ appeals and the same are dismissed. No Costs. Consequently, connected Miscellaneous Petitions are closed.

[R.S.M., J.] [L.V.G., J.] 13.08.2024 NCC :Yes/No Index :Yes/No Internet:Yes PM

To:

1.The Director, No.807, Anna Salai, Chennai - 600 002.

2.The Assistant Director, 3.The Member Secretary,

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm 13.08.2024