R.Jayakumar v. Government of Tamilnadu

ORDER The petitioner is the owner of the lands comprised in Survey Nos. 26/2 (Old Survey No. 26 Part), 29/1, 30/1, 30/2A and 30/2B, measuring a total extent of 1.91 acres, and Survey Nos. 26/1, 26/3, 27/1 and 28, measuring a total extent of

3.50 acres, situated at Vellampakkam Village, Kalpakkam Panchayat, Tiruvallur District, by virtue of a registered sale deed.

¶2The petitioner intended to develop the above lands by forming a residential layout under the name "Sree Hari Avenue" and, for that purpose, submitted an application to the respondents seeking approval of the layout plan. Pending consideration of the application, the petitioner executed a gift deed dated

12.02.2021 in favour of the 5th respondent, conveying the portions of land Page3 of 5 earmarked for roads, car parking and open space, as required for approval of the proposed layout.

¶3Subsequently, the petitioner's application for layout approval was rejected on the ground that high-tension transmission lines pass through the subject lands. Since execution of the gift deed was a mandatory requirement for obtaining layout approval, and the approval itself has been refused, the petitioner cannot be deprived of the land conveyed under the gift deed. Therefore, the 5th respondent is under an obligation to re-convey the gifted property to the petitioner.

¶4Accordingly, the writ petition is disposed of by directing the 5th respondent to execute a deed cancelling the gift deed dated 12.02.2021, registered as Document No.1082 of 2021 in the Office of the Sub-Registrar, Ponneri, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 09-07-2026 Index: Yes/No Speaking/Non-speaking order ak Page4 of 5 To

¶1Government Of Tamilnadu Rep. By Its Secretary, Revenue Department, Secretariat, Chennai-600 009.

¶2The Commissioner Of Land Administration Ezhilagam, Chepauk, Chennai-600 005.

¶3The District Collector District Collector Office, Tiruvallur District.

¶4The Assistant Director Rural Development (panchayats) Tiruvalluvar District.

¶5The Block Development Officer Minjur Panchayat Union, Tiruvallur District.

¶6The President Kalpakkam Panchayat, Kalpakkam, Tiruvallur District. WPoNo.o47088oofo2025 HEMANToCHANDANGOUDAR,oJ. AK WPoNo.o47088oofo2025 09-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR R.Jayakumar S/o.Raji, Residing At No.70, 12th Block, A.I.R. Nagar, Ernavoor, Chennai-600 057. ..Petitioner(s) Vs 1. Government Of Tamilnadu Rep. By Its Secretary, Revenue Department, Secretariat, Chennai-600 009. 2. The Commissioner Of Land Administration Ezhilagam, Chepauk, Chennai-600 005. 3. The District Collector District Collector Office, Tiruvallur District. 4. The Assistant Director Rural Development (panchayats) Tiruvalluvar District. 5. The Block Development Officer Minjur Panchayat Union, Tiruvallur District. 6. The President Kalpakkam Panchayat, Kalpakkam, Tiruvallur District. Page2 of 5 ..Respondent(s) Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of mandamus, directing the 5th respondent to re- convey the land extend mention in the Gift deed, which was gifted vide registered gift deed bearing Doc. No. 1082 / 2021 dated 12.02.2021 registered at the office of the S.R.O Ponneri and pass such further or other orders. For Petitioner: Mr. K.N.Pandian For Respondents: Mr. P.Siddarth, Government Counsel