Pillayar P.K.V.K.N. Trust thru. Ramanathan V/s Karpaga N.N.U.S. rep. by Secretary and Ors.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2010-09-01
Subject: Civil Law
Section: Tamil Nadu Town and Country Planning Act, 1971 - Section 25, 26, 27, 29
Bench Strength: Double Bench
State of Appellant(s): Tamilnadu
History of Case No: Judgment and Order dated 27/04/2007 in WP No. 5051/1996 & WP No. 19015/1996 of the High Court of Madras
Equal Citation Details :

 2010(9)SCALE1, (2010)9SCC344, [2010]11SCR1, AIR2010SC3266, JT2010(9)SC393

Case Note / Description :

In our opinion, this was a completely incorrect direction particularly because way back in 1982, plan No.1/75 was treated as cancelled and there was no revival of that plan. 2026. Last but not the least, respondent No.1 herein, Karpaga Nagar Nala Urimai Sangam represented by Shri A. Shamugavel had filed an Original Suit No.1106/86 in the Court of Additional District Munsif Court, Madurai Town in his capacity as a resident of Karpaga Nagar Colony wherein he had sought for an injunction restraining the Trust from selling or using the property for any purpose than the purpose for which it was reserved in LP MR 1/75. For all these reasons, we cannot affirm the judgment of the High Court. It is set aside and the Writ Petition filed by the respondent is directed to be dismissed with costs of Rs.50,000/

 
 
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