W.P.No.2271 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.02.2025 CORAM: THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.2271 of 2025 D.J.N.Enterprises, Represented by its Partners, 1.K.Nithiyanantham 2.D.Jaganmohan ...Petitioners -Vs- The Block Development Officer (V.P.), Uthiramerur Panchayat Union, Uthiramerur Taluk, Chengalpattu District. ...Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, forbearing the respondent from converting the park area and public usage vacant lands into plots in the layout situated in S.No.10/3A measuring to an extent of 2.73 cents, Orakkattupettai Village, Uthiramerur Taluk, Chengalpattu District and pass such further orders. For Petitioners : M/s.R.Hemalatha For Respondent : Mr.G.Ameedius, Government Advocate O R D E R 1/6 https://www.mhc.tn.gov.in/judis W.P.No.2271 of 2025 This writ petition has been filed for issuance of a Writ of Mandamus, forbearing the respondent from converting the park area and public usage vacant lands into plots in the layout situated in S.No.10/3A measuring to an extent of 2.73 cents, Orakkattupettai Village, Uthiramerur Taluk, Chengalpattu District. 2. The D.J.N.Enterprises, purchased property from one Mr.N.VS.Maniyan on 04.02.2022 vide Document No.1479 of 2022 registered before the Joint Sub Registrar II, Chengalpattu. After that, D.J.N.Enterprises is in possession and enjoying the said property. Subsequently, the D.J.N.Enterprises formed a layout in the survey number 10/3A measuring to an extent of 2.73 cents, situated at Orakkattupettai Village, Uthiramerur Taluk, Chengalpattu District (formerly Kancheepuram District) for which the Joint Director, the Directorate of Town and Country Planning, Kancheepuram, instructed the D.J.N. Enterprises to execute a gift deed for the Roads, Park, Corners and Public Usage lands in favour of the respondent. Accordingly, the D.J.N.Enterprises executed a Gift Deed in favour of the respondent i.e, The Block Development Officer (V.P.). Uthiramerur Panchayat Union, Uthiramerur Taluk, Chengalpattu District (formerly Kancheepuram District) on 09.06.2022 vide document number 8246 of 2022 2/6 https://www.mhc.tn.gov.in/judis W.P.No.2271 of 2025 registered before the Joint Sub Registrar II, Chengalpattu. 3. Learned counsel appearing for the Petitioners would submit that for the above said extent of lands, they have executed a gift deed in favour of the respondent to facilitate their customers, those who are all purchasing plots in their layout. Further, the above said vacant spaces are basic amenities for the Petitioners' customers for living in their layout peacefully. While being so, the Petitioners became aware that the above said park area and public usage vacant lands, which was gifted by them in favour of the respondent were converted by the respondent into plots and marked stones on the same by dividing those lands into plots, and they became aware that the respondent was going to allot the above said park area and public usage area of the Petitioners layout in favour of landless people. The respondent forgot that the above said land was gifted by Petitioners for the welfare of their customers, but without considering the same, the respondent illegally converted the same as plots is illegal and arbitrary. 4. Learned counsel would further submit that the Petitioners made a written representation to the respondent on 28.11.2024 and requested to restore their park and public usage area into its actual position in the above 3/6 https://www.mhc.tn.gov.in/judis W.P.No.2271 of 2025 said property. Even though the respondent received the same, till today no action has been taken by the respondent to restore the actual position in the above said property. Hence, the present writ petition is filed. 5. Learned Government Advocate appearing for the respondent has filed a report dated 15.02.2025, wherein it is stated as follows: @bghJ ,lkhdJ fhypahf cs;sJ/ nkw;go PM b$d;kd; (PM.Janman) jpl;lj;jpy; VG egh;fSf;F rh;nt vz;/9/3y; gug;g[ 0.11.5 Vh;rpy; ST K:d;W egh;fSf;Fk; 4 kiy Fwth;fs; mth;fSf;F ,ytr tPl;Lkid gl;lh cj;jpunkU:h; tl;lhr;rpau; e/f/vz;/4931/2024/m1vz; ehs; 11.09.2024 K:yk; nkw;go g[yj;jpy; tH';fg;gl;lJ vdt[k; 10/3Ay; tPl;Lkid nghf kPjKs;s bghJ ,lk; fhypahf cs;sJ vd;gij gzpt[ld; bjhptpj;J bfhs;fpnwd;/@ 6. Heard both sides and perused the materials available on record. 7. It is seen from the above report filed by the respondent that the land which was gifted by the petitioners for the purpose of park and public usage area is vacant and the Encumbrance Certificate submitted by the 2nd respondent, in which it is mentioned that 833.2 square meters of park space measuring 35.98 meters in North, 19.85 meters in South, 43.70 meters in 4/6 https://www.mhc.tn.gov.in/judis W.P.No.2271 of 2025 East, 23.80 meters in West. In view of the above facts and circumstances of the case, the writ petition stands disposed of with the above observations. No costs. 20.02.2025 cda Index : Yes/No Speaking/Non Speaking order To 1.The District Collector, Cuddalore District, Cuddalore – 607 001. 2.The Block Development Officer, Nallur Panchayat Union, Nallur – 606 302, Cuddalore District. 3.The President / Secretary, Ko. Kothanur Village Panchayat, Varambanur Post – 606 302, Veppur Taluk, Cuddalore District. J.SATHYA NARAYANA PRASAD, J. cda 5/6 https://www.mhc.tn.gov.in/judis W.P.No.2271 of 2025 W.P.No.2271 of 2025 20.02.2025 6/6 https://www.mhc.tn.gov.in/judis