R JEYASUDHA Vs. NEELAMEGAM NAGAR AND ORS

JUDGEMENT

(1.) The present writ appeal is filed against the order of the learned single Judge passed in W.P.(MD)No.218 of 2012 dated 29.03.2012. The said writ petition was filed for a mandamus to direct the District Collector, Madurai District, the Tahsildar, Madurai North Taluk, Madurai, the Commissioner, Madurai East Panchayat Union, Madurai, and the President, Y.Othakkadai Panchayat, to preserve the common usage of lands as are notified for common purpose in the layout approval of Neelamegam Nagar, Y.Othakkadai, Madurai District and to comply with legal duties cast upon them under the Town and Country Planning Act and also to direct the Superintendent of Police, Madurai District to give protection while fencing these common usage places.

(2.) On notice, the Tahsildar, Madurai North Taluk, Madurai, filed the counter affidavit containing the details of violation and unauthorised usage of lands earmarked as library, playground, religious worship, community hall, roads and shops. On going through the tabulated column, this Court pointed out that the land owners and their legal representatives sold the plots reserved for common purpose, while framing the layout, to third parties and consequently, the Revenue Administration was not justified in transferring the patta. This Court pointed out that the Revenue Officials colluded with the subsequent purchasers and in spite of earmarking of those plots for public purposes, patta had been transferred to the name of the purchasers. In the background of the said facts, this Court referred to the decision of the Apex Court in Pt. Chet Ram Vashist v. Municipal Corporation of Delhi, 1995 1 SCC 47 and directed the third and fourth respondents herein, viz. the Tahsildar, Madurai North Taluk, Madurai and the Commissioner, Madurai East Panchayat Union, Madurai, to take appropriate steps to restore the plots reserved for library, community hall, pathway and park by issuing notice to the persons who are now in possession and enjoyment of the property.

(3.) This Court directed the Tahsildar, Madurai North Taluk, Madurai to issue notice to the pattadars and cancel the patta, if the purchased sites relate to reserved areas for common purpose. This Court also directed the Commissioner, Madurai East Panchayat Union and the President, Y.Othakadai Panchayat, Madurai, to give sufficient opportunity to those people, for evicting them.