N VIJAYAKUMAR Vs. COMMISSIONER PANCHAYAT UNION

JUDGEMENT

(1.) By way of filing this writ petition, the petitioner seeks a direction to the respondent / the Commissioner, Panchayat Union, Thally, to execute and register a Deed of Consent in his favour or his predecessors in title giving consent in respect of the Deed of Cancellation of Gift Registered in Document No.25 of 1995, in respect of his agricultural lands comprised in S.Nos.252/3, 252/4, 252/5, 275/1, 275/2 and 275/3 and lands comprised in S.Nos.276/1, 276/3A, 276/3B, 292/1A and 292/1B, situated in Kelukondapallai Village, Thenkanikottai Taluk, Krishnagiri District, to enable him to implement the Floricultural operations in the said lands.

(2.) Heard the learned counsel appearing on either side.

(3.) According to the petitioner, the entires lands comprised in the above said survey numbers were belonged to one Mrs.Erramma @ Pappamma, wife of Mr.Narayana Reddy. Originally, the said Mrs.Erramma executed a power of attorney in favour of her husband as per the Registered Document No.225 of 1991, empowering him to form a layout of such lands. Thereafter, he had submitted layout plans for sanction to the respondent herein and thereby he had also executed a Gift Deed in favour of the respondent by Registered Document No.2065 of 1991 on the file of the Sub-Registrar, Kelamngalam, gifting a portion of the lands in the above said survey numbers for the purpose of laying the road, park etc. However, the said layout plan was not approved by the respondent in time, therefore, he had dropped the said proposal and to that effect, he had also executed a Deed of Cancellation annulling the Gift Deed gifting portion of the lands to the respondent under Registered Document No.25 of 1995, dated 06.01.1995. Thus, after the cancellation of such Gift Deed, entire lands comprised in the above said survey numbers were vested with the said Mr.T.Naryana Reddy and his wife Mrs.Erramma @ Pappamma. Thereafter, the petitioner had purchased the above said lands from those persons vide Registered Sale Deed Document Nos.4304/2006, 4305/2006 and 4306/2006 on the file of the Sub Registrar, Kelamangalam, and subsequent to the said purchase, he has been enjoying absolute possession and enjoyment of the aforesaid lands.