Disposed

Jahabar Jassam.H v. the Director

Madras HC28 Apr 2021WP(MD)/6259/2021

Case brief

AI extract

What is this about?

A writ petition challenged proceedings including the petitioner's land in a layout plan and sought to quash the same. The court heard that the private respondents had made a solemn statement that they would not interfere with the petitioner's property rights, leading to a stunningly brief disposal based on that assurance.

What did the court decide?

Directed respondent Nos. 8 and 9 not to interfere with the petitioner's property; connected miscellaneous petitions closed.

Jahabar Jassam.H Vs the Director — Property and Title | Madras HC (2021)

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W.P.(MD)No.6259 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2021 CORAM :

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THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.6259 of 2021 and W.M.P.(MD) Nos.4880, 4884 and 4889 of 2021

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H.Jahabar Jassam .. Petitioner Vs 1.The Director, Town and Country Planning Authority, Chennai. 2.The District Collector, Collector Office, Thanjavur District, Thanjavur. 3.The Deputy Director of Town & Country Planning, No.33, 4^th Rajappa Nagar, Medical College Road, Thanjavur, Thanjavur District. 4.The Superintending Engineer, Public Works Department (WRD), Lower Cauvery Basin Circle, Santhapillai Gate, Thanjavur District. 5.The Sub-Registrar, Ayyampettai Sub-Registrar Office, Ayyampettai, Papanasam, Thanjavur District. 6.The Tahsildar, Taluk Office, Papanasam, Thanjavur District. 7.The Executive Officer, Ayyampettai Town Panchayat, Ayyampettai, Thanjavur District. 8.Mohamed Faizal

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9.G.D.Badhurudeen Ahamed

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.. Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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___________ Page 1 of 4_

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W.P.(MD)No.6259 of 2021

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PRAYER: Petition under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent made in No.Ko.O.Ma.Va/Na.O.Thu.E.(Tha.Ma.) No.56/2020 dated 08.07.2000 and quash the same insofar as it includes the lands belonging to the Petitioner in S.Nos.360/4 and 363/5 in Patta No.2302 to an extent of 0.40.0 ares and 0.23.5 ares respectively totaling 0.63.5 ares in Soolamangalam 2 Sethi Revenue Village, Ayyampatti Town Panchayat and consequently, forbear the Respondents 1 to 7 in any way granting any permission, approval or NOC etc., to the Respondents 8 and 9 for sale of any plots or development of lands of the petitioner for layout “IBN Battutta City” or any other layout.

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For Petitioner : Mr.S.Silambanar Senior Counsel for Ms.Kaavya Silambanar

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For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader for R1 to R4 & R6 Mr.K.Sathiya Singh Additional Government Pleader for R5 Mr.J.Gunaseelan Muthiah Additional Government Pleader for R7 Mr.K.Balu for R8 and R9

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O R D E R

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[Order of the Court was made by T.S.SIVAGNANAM, J. ]

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This Writ Petition has been filed, challenging the proceedings of the third respondent made in No.Ko.O.Ma.Va/Na.O.Thu.E.(Tha.Ma.) No.56/2020 dated 08.07.2000, insofar as it includes the lands belonging to the Petitioner in S.Nos.360/4 and 363/5 in Patta No.2302 to an extent of 0.40.0 ares and 0.23.5 ares respectively totaling 0.63.5 ares in Soolamangalam 2 Sethi Revenue Village, Ayyampatti Town Panchayat and consequently, to forbear the Respondents 1 to 7 in any way granting any permission, approval or NOC etc., to the Respondents 8 and 9 for sale of any plots or development of lands of the petitioner for layout “IBN Battutta City” or any other layout.

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2.We have heard Mr.S.Silambanar, learned Senior Counsel appearing for the petitioner, Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for respondent Nos.1 to 4 & 6, Mr.K.Sathiya Singh, learned Additional Government Pleader appearing for respondent No.5, Mr.J.Gunaseelan Muthiah, learned Additional https://hcservices.ecourts.gov.in/hcservices/

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___________ Page 2 of 4_

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W.P.(MD)No.6259 of 2021

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Government Pleader appearing for respondent No.7 and Mr.K.Balu, learned counsel for respondent Nos.8 and 9.

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3.The allegations made by the petitioner is that respondent Nos.8 and 9 have illegally included the petitioner's land in their layout and attempting to sell the petitioner's land.

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4.Mr.K.Balu, learned counsel for respondent Nos.8 and 9 submitted that the predecessor in title of the petitioner granted permission to include the said lands in the layout plan and that is why respondent Nos.8 and 9 had did so, but they have no intention to, in any manner, interfering with the petitioner's property.

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5.Mr.S.Silambanar, learned Senior Counsel for the petitioner would submit that his client disputes the statements that their vendor agreed to include the land in the layout plan.

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6.Be that as it may, the learned counsel appearing for respondent Nos.8 and 9 has made solemn statements based upon the instruction given by his clients that respondent Nos.8 and 9 will not interfere with the right of the petitioner to enjoy the property and continue to remain in possession and enjoyment in all times to come.

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7.In the light of the said submission, the Writ Petition is disposed of, directing respondent Nos.8 and 9 not to, in any manner, interfere with the petitioner's property. Consequently, connected Miscellaneous Petitions are closed. No costs.

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Sd/-

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Assistant Registrar (Records)

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// True Copy //

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/ /2021

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Sub Assistant Registrar(CS)

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned .

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To:

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1.The Director,

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Town and Country Planning Authority, Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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___________ Page 3 of 4_

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W.P.(MD)No.6259 of 2021

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2.The District Collector, Collector Office, Thanjavur District, Thanjavur. 3.The Deputy Director of Town & Country Planning, No.33, 4^th Rajappa Nagar, Medical College Road, Thanjavur, Thanjavur District. 4.The Superintending Engineer, Public Works Department (WRD), Lower Cauvery Basin Circle, Santhapillai Gate, Thanjavur District. 5.The Sub-Registrar, Ayyampettai Sub-Registrar Office, Ayyampettai, Papanasam, Thanjavur District. 6.The Tahsildar, Taluk Office, Papanasam, Thanjavur District. 7.The Executive Officer, Ayyampettai Town Panchayat, Ayyampettai, Thanjavur District. +1 CC to M/s.KAAVYASILAMBANAR, Advocate ( SR-18170[F] dated 30/04/2021 ) W.P.(MD) No.6259 of 2021 28.04.2021 PM(CO) KB(13.05.2021) 4P 9C

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https://hcservices.ecourts.gov.in/hcservices/

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Jahabar Jassam.H v. the Director

Case brief

What is this about?

What did the court decide?

Jahabar Jassam.H v. the Director

Case brief

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What did the court decide?

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