M. SIVASAMY Vs. DIRECTOR OF SURVEY AND SETTLEMENTS

JUDGEMENT

(1.) This writ petition is filed for direction directing the respondents 1 to 7 to restore the breadth and width of the public road namely Thiru. Vi. Ka. Street in SF. No. 280, Ganapathy Village, Coimbatore, now TS. No. 48, Block No. 19, Ward No. T(20), within Coimbatore City Corporation, to its original measurements as shown in Field Measurement Book Plan dtd. 24/3/2011 issued by the 8th respondent herein.

(2.) The case of the petitioner is that the petitioner purchased the property comprised in SF. No. 280 part admeasuring 2400 sq.ft. situated at Ganapathy Village, Coimbatore, present TS. No. 113 and 45 of Coimbatore City Corporation, North Zone from one, S. Balachandran by the registered sale deed dtd. 27/8/2004 vide document No. 3456 of 2004 and also from one, R. Palaniappan by way of another sale deed dtd. 3/3/2008 registered vide document No. 1328 of 2008. Thereafter, the petitioner executed settlement deed in favour of his wife by the settlement deed dtd. 29/12/2016. There is a lane in TS. No. 48 commencing from the east-west Thiyagi Kumaran Street at the southern side and connecting to Ponniar Street at the northern side and then reaches Sathy Main Road. This lane is known as Thiru.Vi.Ka Street and assigned TS. No. 48. While being so, the ninth respondent purchased the property comprised in TS. No. 52 admeasuring 1807 sq.ft. by the registered sale deed dtd. 10/4/2002. After purchase, the ninth respondent encroached upon the lane comprised in TS. No. 48 and also the property comprised in TS. No. 53 belong to one Dhanalakshmi and Saraswathy by putting up construction. Therefore, the petitioner filed suit in OS. No. 1952 of 2010 as against the ninth respondent and others for mandatory injunction and to remove the encroachment made in TS. No. 48.

(3.) While pending the said suit, the ninth respondent submitted representation to the sixth respondent to alter the measurements to their property by stating that there was a mistake in Town Survey. Based on the representation, the seventh respondent herein passed order on 3/8/2012 for re-survey of the land including the land comprised in TS. No. 48. Therefore, the petitioner filed writ petition in WP. No. 23583 of 2012 and by order dtd. 28/7/2015, this Court set aside the order passed by the seventh respondent and directed the sixth respondent to conduct fresh enquiry. In the meanwhile, the said Dhanalakshmi and Saraswathy also filed suit in OS. No. 173 of 2013 on the file of the III Additional Sub Court, Coimbatore as against the ninth respondent herein for declaration and also for removal of encroachment made by the ninth respondent. However, the ninth respondent executed unregistered Will in favour of the tenth respondent and in turn, the tenth respondent executed gift settlement deed dtd. 20/11/2020 in favour of the eleventh respondent. Thereafter, the eleventh respondent sold out the said property in favour of the twelfth respondent on 26/2/2021. On the strength of the sale deed, the twelfth respondent made construction in TS. No. 43 by encroaching the said lane called Thiru. Vi.Ka. Street comprised in TS. No. 48. Therefore, the petitioner filed another suit in OS. No. 641 of 2021 on the file of the District Munsif Court, Coimbatore as against respondents 9 to 12 for declaration and mandatory injunction to remove the illegal construction put up by them and it is pending. While pending the suit, the seventh respondent by letter dtd. 24/4/2019 has altered the boundaries in respect of the property in TS. No. 48, 52 and 53. The said order was also challenged by the said Dhalakshmi in WP. No. 9349 of 2021 and this Court stayed altering the boundaries by order dtd. 16/4/2021 and the writ petition is pending. While pending the writ petition, the present writ petition has been filed to restore the breadth and width of the public road i.e. Thiru. Vi.Ka. Street comprised in SF. No. 280, Ganapathy Village in TS. No. 48, Block No. 19, Ward No. T(20), Coimbatore.