Madras High Court
K.Raju vs R.Vasudevan ...1St on 13 August, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A(MD)Nos.1352 and 1353 of 2024
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
-vs-
1.R.Vasudevan ...1st Respondent/Petitioner
2.The Director,
Town and Country Planning,
No.807, Anna Salai,
Chennai – 600 002.
3.The Assistant Director,
Theni District Town and Country Planning Office,
Door No.446/A Ward 17, Nehruji Street,
Allingaram, Theni – 625 531.
4.The Member Secretary,
Local Planning Authority,
Cumbum Municipality,
Cumbum – 625516, Theni District.
5.The Commissioner,
Cumbum Municipality,
Cumbum – 625 516,
Theni District. .. Respondents 2 to 5/Respondents 1 to 4
____________
https://www.mhc.tn.gov.in/judis
Page 1 of 5
W.A(MD)Nos.1352 and 1353 of 2024
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
-vs-
1.R.Sivakumar ...1st Respondent/Petitioner
2.The Director,
Town and Country Planning,
No.807, Anna Salai,
Chennai – 600 002.
3.The Assistant Director,
Theni District Town and Country Planning Office,
Door No.446/A Ward 17, Nehruji Street,
Allingaram, Theni – 625 531.
4.The Member Secretary,
Local Planning Authority,
Cumbum Municipality,
Cumbum – 625516, Theni District.
5.The Commissioner,
Cumbum Municipality,
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
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https://www.mhc.tn.gov.in/judis
Page 2 of 5
W.A(MD)Nos.1352 and 1353 of 2024
COMMON JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
These writ appeals at the instant 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 the
development plans, the said lands automatically stand 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.
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https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.1352 and 1353 of 2024
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.
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,
Town and Country Planning,
No.807, Anna Salai, Chennai – 600 002.
2.The Assistant Director,
Theni District Town and Country Planning Office,
Door No.446/A Ward 17, Nehruji Street,
Allingaram, Theni – 625 531.
3.The Member Secretary,
Local Planning Authority,
Cumbum Municipality,
Cumbum – 625516, Theni District.
____________
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.1352 and 1353 of 2024
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
pm
W.A(MD)Nos.1352 and 1353 of 2024
13.08.2024
____________
https://www.mhc.tn.gov.in/judis
