Madras High Court

S.Sudarshan vs The District Collector on 12 February, 2025

Author: J.Sathya Narayana Prasad

Bench: J.Sathya Narayana Prasad

                                                                      WP NO. 38239 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                        DATED: 12-02-2025
                                            CORAM
                           THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA
                                            PRASAD

                                              W.P.NO. 38239 of 2024

                     S.Sudarshan
                     S/o.Srinivasan, No.17/419,Copper Beach, East
                     Coast Road, Panaiyur, Chengalpattu District
                                                                           .....Petitioner
                                                        Vs

                     1. The District Collector
                     Chengalpet District,
                     Chengalpattu-603 001
                     2. The District Revenue Officer
                     Chengalpattu District,
                      Chengalpattu-603 001

                     3. The Block Development Officer
                     Thiruporur Taluk,
                     Thiruporur-603110

                     4. The President
                     Navalur Panchayat, Navalur -603 110,
                     Thiruporur Taluk,
                     Chengalpattu District

                     5. Association Of Green Woods Community
                     Greenwoods City,
                     Thazhambur Road,
                     Navalur -600 130
                     Rep By Its President
                                                                       ......Respondents


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https://www.mhc.tn.gov.in/judis
                                                                                   WP NO. 38239 of 2024

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India to issue a Writ of Mandamus to direct the respondents No.1 to 4 to
                     act upon the representation of the petitioner dated 10.10.2023 and
                     forthwith remove the check post and barricade put up by the respondent
                     No.5 on the public roads in Arihand Greenwood layout through Navalur
                     and Thazhambur Villages in Thiruporur Taluk, Chengalpattu |District and
                     facilitate free access thereto to the petitioner and the general public.

                     For Petitioner:
                                               Mr.P.K. Rajagopal

                     For Respondents:
                                               Mr. M. Rajendran for R1 to R4
                                               Additional Government Pleader
                                               Mr. D. Lingappa for R5

                                                           ORDER

This writ petition has been filed to direct the respondents No.1 to 4

to act upon the representation of the petitioner dated 10.10.2023 and

forthwith remove the check post and barricade put up by the respondent

No.5 on the public roads in Arihand Greenwood layout through Navalur

and Thazhambur Villages in Thiruporur Taluk, Chengalpattu |District and

facilitate free access thereto to the petitioner and the general public.

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2.The brief facts of the case are as follows:

The case of the petitioner is that the petitioner has entered

into a sale agreement with M/s.Arihand Unitech Realty Projects Limited

in respect of a vacant land measuring 30 cents out of 52 cents comprised

in New Survbey No.117/1A, Old Survey No.117/1 Part, Thazhambur

Village, Vandalur Taluk, Chengalpattu District on 05.04.2022 and

possession of the land was given to him. The said company executed an

absolute Power of Attorney in favour of the petitioner which is

irrevocable and it was registered in the Office of the Sub Registrar,

Thiruporur on 07.04.2022 as Document No. 7255 of 2022. The company

developed and constructed a housing project in two phases, namely

Arihant Greenwoods -Phase 1 and Phase 2. The roads therein have been

gifted to the Thazhambur and Navalur local Panchayats by way of

Registered Gift Deeds and as such, they are public roads. But the 5th

respondent put up barricade and obstructed the right of way of the

petitioner and other public.

(ii). On 18.10.2022, the petitioner filed a complaint before the

Thazhambur Police Station to remove the barricade put up by the office Page No:3/9 https://www.mhc.tn.gov.in/judis WP NO. 38239 of 2024

bearers of the Greenwood Community and the said complaint was

registered as CSR.No. 362 of 2022. While so, one Mrs. Navarathilova

Dinesh filed a similar complaint before the Thazhambur Police Station

on the same subject matter against the Association of Greenwood

Community and the police filed an enquiry report on 20.12.2022.

Pursuant to the same, the Police authorities have advised the Association

of the Greenwoods Community and its office bearers to remove the

check post on the public roads, but the same has not been carried out by

the Community. Moreover, the construction permit was issued to the

petitioner by the Town and Country planning Department (Planning

Permission) in ROC No. 60TKCS09/2023/DTCP dated 10.03.2023 and

payment has been made by the petitioner. Hence, the petitioner made a

representation dated 10.10.2023 to the respondents No.1 to 4 requesting

the officials to take necessary action to remove the barricade put up by

the office bearers of the Greenwood Community/5th respondent and on

28.11.2023, the petitioner also sent a reminder letter to the President of

Muttukadu Panchayat to take necessary and speedy action for the

representation made by the petitioner on 10.10.2023, but no action has

been taken till date. Hence, the present writ petition. Page No:4/9 https://www.mhc.tn.gov.in/judis WP NO. 38239 of 2024

3. Reiterating the averments made in the affidavit filed in support,

learned counsel for the petitioner would submit that the petitioner has

given a representation dated 10.10.2023 to remove the check post and the

barricade put up by the 5th respondent on the public roads in Arihand

Greenwoods, Thazhambur Village, Vandalur Taluk, Chengalpattu

District and the same was not considered by the official respondents till

date.

4. In support of his submission, the learned counsel for the

petitioner drew the attention of this Court to a similar matter, in the case

of “Farm Grove Srinivasa Nagar owners and Residents Welfare

Association vs. The State of Tamilnadu” in W.P.No.17093 of 2016,

wherein, this Court vide order dated 07.12.2017 observed and directed as

follows:

“....12.Under these circumstances, this Court is of the opinion that there is no infirmity in the order passed by the Tahsildar in respect the decision taken with regard to the rights of the parties and the road being a public road, which was declared long back in the year 2007, the writ petitioners cannot have any right over the public

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property either to put up any private gate or otherwise. The public road to be kept for the usage of public in general and any restriction in the public property will affect the public tranquillity and the parties, who are doing or committing any such act, are liable for prosecution under law. Thus, the petitioner cannot keep any private gate or otherwise in the public road and the official respondents are bound to see that the public roads are kept free for the usage of the general public and no private person can encroach upon the public road at any point of time. Further this Court would make it very clear that the authorities competent should have a constant vigilance in respect of public property and encroachments are to be removed without any further delay.

13. In this view of the matter, no further adjudication needs to be undertaken in respect of the grounds raised in this writ petition and in respect of the title of the property or otherwise, it is left open to the parties to redress their grievances in the manner known to law.

14. Official respondents 1 to 3 are directed to remove all the private barricades etc., forthwith from the public road and make available the public road free for access to the general public.

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15.With the observations, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are also closed.”

5. Learned Additional Government Pleader appearing for the

respondents 1 to 4 would submit that the representation of the petitioner

dated 10.10.2023 will be considered by the respondents on its own merits

and in accordance with law, within the time fixed by this Court.

6. In view of the above, without going into the merits of the claim

made by the petitioner, this Court is inclined to direct the 3rd respondent

to consider the representation of the petitioner dated 10.10.2023 after

giving due notice, opportunity of personal hearing to the petitioner, the

5th respondent and to pass appropriate orders in the light of the judgment

made in W.P.No.17093 of 2016 dated 07.12.2017 (supra). The said