K S KAMAKSHI CHETTY Vs. COMMISSIONER ARUPPUKOTTAI MUNICIPALITY

JUDGEMENT

(1.) THE writ petition is filed challenging the order of the first respondent dated 09. 01. 2003, by which the representation of the petitioners to allot the "open space", came to be rejected with direction to take steps to execute gift deed in favour of the Municipality from the owners.

(2.) THE petitioners are stated to be the joint owners of the property comprised in Old Survey No. 589 (Part), present T. S. No. 132 of Ward D, Block No. 30 of Aruppukottai Town. The first and second petitioners have obtained their undivided 1/3rd share each under the sale deed dated 27. 10. 1980 and 16. 02. 1983 respectively and the third and fourth respondents got the remaining undivided one third share each by succession. As stated by the petitioners, the said lands along with the other adjacent lands were covered by North-East Extension Town Planning Scheme Part II, Aruppukottai, sanctioned in G. O. Ms. No. 434 LA dated 02. 03. 1969 under Section 14 (3) of the Madras Town Planning Act,1920 (Madras Act VII of 1920 - in short referred to as "act VII of 1920") and published as per the said provisions of the Act.

(3.) THE first respondent has filed counter affidavit. According to the first respondent, an extent of 0. 75 acres comprised in S. No. 132 belonged to one Thankayya Nadar, who formed a lay out in respect of larger extent of property, and submitted before the second respondent and the said extent was ear-marked as "open space", allotting the same to the Municipality for public purposes. The said Thankayya Nadar, having shown the same as "open space" failed to gift the said portion to the Municipality and the Municipality has also failed to make arrangements to acquire the "open space" allotted to it for public purpose.