SEKAR REPORTER

Court News from Madras High Court

layout case orderMR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.Nos.340 & 360 of 2019 and C.M.P.Nos.3358, 3359 & 3532 of 2019 W.A.No.340 of 2019

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[5/24, 19:27] Sekarreporter1: W.A.Nos.340 & 360 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.Nos.340 & 360 of 2019
and
C.M.P.Nos.3358, 3359 & 3532 of 2019
W.A.No.340 of 2019
1.T.G.Naveen, S/o.T.G.Gopinathan,
Represented by his power agent
T.G.Gopinathan,
Old No.4/215, New No.4/212,
MGR Road, Palavakkam,
Chennai 600 041.
2.T.G.Nirmal,
S/o.T.G.Gopinathan,
Old No.4/215, New S.No.4/212,
MGR Road, Palavakkam,
Chennai 600 041.
3.P.G.Shobha,
W/o.T.G.Gopinathan,
Old No.4/215, New S.No.4/212,
MGR Road, Palavakkam,
Chennai 600 041.
… Appellants
Vs
1.The Chairman,
Tamil Nadu Electricity Board,
Anna Salai, Chennai.
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[5/24, 19:27] Sekarreporter1: W.A.Nos.340 & 360 of 2019
he cannot take advantage of his failure to make erroneous claim.
Therefore, there is no necessity for the Government or the local body to
initiate the land acquisition proceedings to take over the road portion in
the layout for the purpose of make it as a public road. Thus, the argument
putforth by the learned Senior Counsel for the appellants is liable to be
rejected.
52.In the above circumstances, the contentions made by the
appellants are liable to be rejected and accordingly rejected and these
Writ Appeals are dismissed with the following directions:
(i).The three Sale deeds dated 02.09.2013 registered as
Document Nos.6416, 6417 and 6418 of 2013 to an extent of 2253 sq.ft
each and the Sale deed dated 16.04.2013 registered as Document
No.4796 of 2013 to an extent of 1872 sq.ft on the file of the SRO,
Neelangarai, which convey the road portion in the layout are struck off as
the same are fraudulent and illegal.
(ii).The liberty given to the appellants in paragraph 28 of the
order dated 09.10.2018 passed by the learned Single Judge to approach
the Civil Court and establish their rights is set aside as the same is
unwarranted and unnecessary.
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