M NARAYANASAMY Vs. COMMISSIONER HOSUR MUNICIPALITY HOSUR

JUDGEMENT

(1.) WRIT petition is filed under Article 226 of the Constitution of India praying for an issuance of a WRIT of certiorari as stated therein.) The writ petitioner is seeking for a writ of certiorari, calling for the records of the respondent in Na.Ka.3946/2008/F1 dated 8.4.2009 and to quash the same.

(2.) THE case of the petitioner is as follows:

(3.) THE learned counsel for the petitioner would contend that though three other persons are claiming ownership in respect of the property to an extent of 8.60 acres owned by the petitioner,the issue is pending before this Court in second appeal at the instance of those persons who have not only lost before the trial Court but also before the first appellate Court. THErefore, the question with regard to the ownership of the land has been confirmed by two Courts below and the petitioner is the owner of the subjejct lands. THErefore, the conduct of the respondent Municipality in acting on the gift deed executed by one of those three persons in respect of the land in question by forming roads and laying out parks is not correct. According to him, until the issue is decided by this Court, the Municipality should not act in forming roads and laying parks as ultimately if in the second appeal, those persons loose their cases, then the Municipality has to return the lands to the petitioner, in which case, the time and the money spent would be a waste.