Writ petition filed to restrain CMDA from granting development approval for property held in undivided shares. Court held that parties must first obtain partition and subdivision of the property before any development approval can be granted. Petition disposed of.
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W.P.No.14176 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2024
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.14176 of 2024 and
W.M.P.No.15365 of 2024
S.J.Pappaiyan
... Petitioner
Vs.
Egmore, Chennai - 600 008.
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Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 2 and 3 not to grant any approval for development in respect of the undivided share of lands comprised in S.No.83/4, situate at Noombal Village, Poonamallee Taluk, Thiruvallur District, belonging to petitioner and the 4th respondent herein, until the same is divided by metes and bounds.
For Petitioner : Ms.A.Dipthi Munoth
For R1 to R3 : M/s.P.Veena Suresh
ORDER
This Writ Petition has been filed seeking a direction to the respondents
1 to 3 herein not to grant any approval for development in respect of the undivided share of lands comprised in S.No.83/4, situate at Noombal Village,
Poonamallee Taluk, Thiruvallur District, belonging to petitioner and the 4th respondent herein, until the same is divided by metes and bounds.
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Noombal Village, Poonamallee Taluk, Thiruvallur District, comprised in Old Survey No.42/9, 42/11, 42/110, 43/1, New Survey No.83, measuring an extent of about 3.87 Acres was originally purchased by the petitioner's grandfather, Late Mr.Thambaiya Naidu, under a Sale Deed dated 09.06.1959, registered as Document No.1541 of 1959. Subsequent to the death of Late Mr.Thambaiya Naidu, the aforesaid lands were partitioned between the sons of the said Late Mr.Thambaiya Naidu by way of a Koor Chit dated 25.03.1973, whereby an extent of 2.04 Acres from and out of the said larger extent of 3.87 Acres was allotted to the share of the petitioner's father Late Mr.S.T.Jayarama Naidu and Patta bearing No.144 was issued in favour of the petitioner's father in respect of Survey No.83/4, after sub-division of the larger extent. The petitioner's father died intestate on 14.09.2002 leaving behind the petitioner's mother Mrs.J.Kuppammal, the petitioner and 8 others as the surviving legal heirs. Thereafter, on 23.05.2003, the petitioner's mother also died intestate leaving behind her sons and daughters as the surviving legal heirs, each entitled to 1/9th share over the aforesaid land comprised in S.No.83/4. By a Sale deed dated 16.08.2023, registered as Document No.15775 of 2023 and Sale deed dated 12.09.2023, registered as Document No.17935 of 2023, 8/9th undivided share of the land comprised in S.No.83/4,
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was conveyed in favour of the 4th respondent Partnership Firm. In all, the 4th respondent has purchased a total extent of 1.81 Acres of undivided share from and out of the larger extent of 2.04 Acres of the land. Thus, the petitioner and the 4th respondent have become co-owners of the lands comprised in S.No.83/4 and a joint Patta bearing No.7514 has also been issued in favour of the petitioner and the 4th respondent.
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and its representatives are attempting to carry out development activities over the undivided share of lands without obtaining any prior permission from the concerned authorities, besides no consent or NOC has been given by the petitioner for carrying out any development over the undivided share of lands in S.No.83/4. Thus, there is an urgency, warranting interference by this Court. Hence, this Writ Petition was filed.
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requirement of the petitioner. Notwithstanding the worth of the share expectation of the petitioner is high flying without any reason or rhyme. Since the same is very exorbitant and unreasonable, the portion of the share, through undetermined being left and the combined purchase was made with regard to entire remaining share of the property.
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approach this Court, such allegation being made without any reality or truth attach to the same. It is not the matter that the Writ Petitioner is in apprehensive he can approach this Court by invoking the extraordinary jurisdiction without any basis. On the sole reason, the Writ Petition is liable to be dismissed, since there is no concrete material being placed or any sort of record is made available for this Court to act on the same. Mere apprehension is not sufficient to knock this Court for remedy. Only after the property is demarcated, there can be approval being granted for construction.
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closed.
26.07.2024
raja Index : yes/no Internet : yes/no
To
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W.P.No.14176 of 2024
V.BHAVANI SUBBAROYAN, J.
raja
W.P.No.14176 of 2024
26.07.2024
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1 issue framed by the court
Whether CMDA should grant development approval for land with undivided co-ownership before partition by metes and bounds?
1 provisions across 1 enactments
S.J.Pappaiyan
The Member Secretary, Chennai Metropolitan Development Authority (CMDA)
The Chief Planner, Chennai Metropolitan Development Authority (CMDA) Multi-Storeyed Buildings, High Rise Buildings, Layouts
The Chief Planner - Area Plan Unit, Chennai Metropolitan Development Authority (CMDA) Non-High-Rise Building - (North) Section
M/s. Noble Realtors
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
