R SYED JALAL @ IQBAL Vs. STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, MUNICIPAL AND LOCAL ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) Heard Mr.Sai Srujan Tayi, learned counsel, representing Mr.Giridhar and Sai, learned counsel for the petitioners; Mr.V.Shanmuga Sundar, learned Special Government Pleader for the respondents 1, 2, 4 & 6; Mr.N.Subbarayalu, learned counsel for the third respondent; Mr.K.Ravikumar, learned Additional Government Pleader for the fifth respondent and perused the materials available on record.

(2.) This Writ Petition has been filed for issuance of Writ of Mandamus forbearing the third respondent from interfering with the petitioner's right of possession and enjoyment over their patta land in Survey No.377, Hosur Village, Hosur Taluk, Krishnagiri District.

(3.) The case of the petitioners is that they are the owners of land in Survey No.377 measuring an extent of 62 acres by virtue of sale deed in the year 1978. The notification issued for acquiring the land was set aside in W.P.No.6880 of 198 Subsequently, in the year 2007, the first petitioner formed a layout of house sites and sold a portion of house sites to the third parties and in order provide access to the purchasers from the High Road, the first petitioner executed a registered gift deed dated 19.02.2009, gifting 23 feet wide passage leading to the High Road in favour of the Municipality.