S JYOTHEESWARAN Vs. PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal.

(2.) The petitioners claims that they are joint owners of the land and property, admeasuring to an extent of 4,462 sq.ft in Old S.No.150/1, T.S.No.81/2, Selaiyur Village, Tambaram Taluk, Kancheepuram District and the said property was purchased by them through registered Sale Deed bearing Doc.No.3065/2001 registered on the file of the office of the Sub Registrar, Tambaram. The petitioners would claim that the above said property is situated at the dead end of the public road viz., Govinda Pillai Street and it is in old S.No.151/2A, T.S.No.92, Selaiyur Village, Tambaram Taluk, Kancheepuram District and all along, the said road has been used to have ingress and egress to their property. The petitioners would further aver that the said road came into existence after the legal heirs of Late Mr.Govinda Pillai earmarked the land in old S.no.151/2A, T.S.No.92, Selaiyur Village, Tambaram Taluk, Kancheepuram District, as road at the time of developing their ancestral land, as required under law and it is also reflected in the Sale Deed executed by the legal heirs of late Mr.Govinda Pillai, which includes the 8th respondent. The legal heirs of Mr.Govinda Pillai had also sold lands located on either side of the said road to various third parties by plotting it out.

(3.) The 1st petitioner would submit that after his retirement, he started putting up construction on the land in the year 2016 and the 8th respondent, who is also an Advocate by profession and being one of the legal heirs of Mr.Govinda Pillai tried to extort huge some of money for from him for the usage of public road. He has also issued a legal notice dated 24.07.2016 alleging that the public road at Govinda Pillai Street is his private property by way of Gift Deed. The 8th respondent has also lodged a complaint against the petitioner and his wife and the legal notice sent by the 8th respondent was also suitably replied on 08.08.2016. The petitioner has also stated that the 8th respondent, along with two others, had also filed O.S.No.90/2000 on the file of the Court of District Munsif, Tambaram against the Commissioner, Tambaram Municipality against one Mr.Mohan/predecessor in title and one Mr.Vijayaraghavan, praying for declaration that the planning permit granted by the first defendant in favour of the 2nd defendant dated 02.07.1999 is null and void and for permanent injunction restraining the 2nd and 3rd defendant from putting up any building or superstructure in pursuance of planning permit and the said Suit was dismissed on 25.07.2003, wherein a categorical finding has been made to that effect that the 2nd defendant is having right of way from Agraharam Road through the above described 20 feet width private lane, known as Govinda pillai Lane, which is an egregious lie and in the light of the said findings, it is not open to the 8th respondent to take contra stand.