Madras High Court
Manoj Kumar vs The District Registrar on 5 January, 2023
W.A.No.2838 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2838 of 2022
Manoj Kumar
Son of S.Ravichandran .. Appellant
v.
1. The District Registrar
Office of the District Registrar
Iraniyan Street-3
Annai Sathya Nagar
Rangampalayam
Erode 638 009
2. The Sub Registrar
Office of the Sub Registrar
Varanapuram, Bhavani Taluk
Erode District 638 301
3. The President
Thottipalayam Panchayat
Bhavani Village
Erode District .. Respondents
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W.A.No.2838 of 2022
Appeal filed under Clause 15 of the Letters Patent, against the order
dated 16.06.2022 passed in W.P.No.14928 of 2022.
For Appellant :: Mr.M.Guruprasad
For Respondents :: Mr.P.Muthukumar
State Government Pleader for
R1 & R2
Mr.P.Balathandayutham
Special Government Pleader
for R3
JUDGMENT
(Judgment of the Court was made by the Hon'ble Acting Chief Justice)
The unsuccessful writ petitioner, having failed in obtaining a writ of
mandamus to cancel the gift deed executed in favour of the President,
Thottipalayam Panchayat, Bhavani Village, Erode District, the third
respondent herein for the formation of road in the land measuring an extent
of 4.90 acres in R.S.No.559/1 of Bhavani Village, has brought this appeal,
on the premise that when the appellant has gifted the land for formation of a
layout, which has not been till date approved, he is entitled to seek for
issuance of a mandamus to cancel the gift deed executed in favour of the
third respondent dated 16.08.2013.
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W.A.No.2838 of 2022
2. Learned counsel appearing for the appellant argued before us that
it is settled principles of law that once the approval for the layout is rejected
or there is no approval of layout and/or the development project itself is
dropped, then such gifted property ought to be re-conveyed by the third
respondent.
3. The said argument cannot be accepted by this Court, for the reason
that when anyone has come forward to gift away the land for the formation
of road or formation of unapproved layout, for the reason that there is a
delay in formation of the layout or formation of public road, the person who
has come forward to gift his land to any local authority, cannot be allowed to
cancel the gift deed, that would, in our considered opinion, cause more
inconvenience to the formation of the road or granting approval to the layout
at a later point of time. We also find that the learned single Judge has
rightly answered the question raised by the appellant holding clearly that
when the appellant has gifted the land in question for the formation of a
layout in the name and style of "Shri Mahalakshmi Nagar", after executing
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W.A.No.2838 of 2022
the gift deed in favour of the third respondent, the appellant cannot ask for
cancellation of the same by filing a writ petition under Article 226 of the
Constitution of India. Therefore, finding no infirmity in the impugned order,
the writ appeal stands dismissed. No order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.)
Index : yes/no 05.01.2023
ss
To
1. The District Registrar
Office of the District Registrar
Iraniyan Street-3
Annai Sathya Nagar
Rangampalayam
Erode 638 009
2. The Sub Registrar
Office of the Sub Registrar
Varanapuram, Bhavani Taluk
Erode District 638 301
3. The President
Thottipalayam Panchayat
Bhavani Village
Erode District
____________
https://www.mhc.tn.gov.in/judis
W.A.No.2838 of 2022
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
ss
W.A.No.2838 of 2022
05.01.2023
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https://www.mhc.tn.gov.in/judis
