M/S.Varman Construtions Prvate Limited v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR M/s Varman Constructions Private Limited rep by its Director, R.Madhumathi No.5/20, Blue Beach Road, Neelankarai Chennai 600 115 ..
Petitioner v.
1. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008
2. The Commissioner Villivakkam Panchayat Union Ambattur, Chennai 600 053
3. The Tahsildar Poonamallee Taluk Poonamallee, Tiruvallur District
4. The Executive Officer/President Adayalampattu Panchayat Villivakkam Panchayat Union, Chennai
5. Sky City Owners Association represented by its General Secretary Sky City Apartment Vanagaram-Ambattur Road Adayalampattu Chennai 600 095 ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove all the obstructions like Gate at the entrance or any other unauthorized constructions in the public road situated in Survey Nos.92/2 part, 93/2 part, 94/3B3 part and 94/5 part, Adayalampattu Village, then Ambattur Taluk, Now Poonamallee Taluk, Thiruvallur District within the time frame to be fixed by this Hon'ble Court. For Petitioner ::
Mr.M.Venkatakrishnan for Mr.N.Senthilkumar For Respondents ::
Mr.Y.Bhuvaneshkumar Standing Counsel for R1 Mr.V.Jeevagiridharan Addl.Government Pleader for R2,R4 Mr.G.Nanmaran Special Government Pleader for R3 No appearance for R5
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a mandamus to the respondents 1 to 4 to remove all the obstructions like gate at the entrance or
any other unauthorized constructions in the public road situated in Survey Nos.92/2 part, 93/2 part, 94/3B3 part and 94/5 part, Adayalampattu Village, then Ambattur Taluk, Now Poonamallee Taluk, Thiruvallur District within a time frame to be fixed by this Court.
2. The petitioner happens to be the neighbour of the building put up by the fifth respondent. The case of the petitioner is that the office bearers of the fifth respondent are preventing the petitioner and the general public to have access through the public road situated in Survey Nos.92/2 part, 93/2 part, 94/3B3 part and 94/5 part, Adayalampattu Village, then Ambattur Taluk, Now Poonamallee Taluk, Thiruvallur District. It is the further case of petitioner that the office bearers of fifth respondent have now constructed a pucca wall on the public road in order to cause obstruction to the public from having free access.
3. The learned counsel appearing for petitioner submitted that the fifth respondent is trying to obstruct the free access for the petitioner and others with an ulterior motive and that all the unauthorised obstructions are to be
removed.
4. A status report is filed by the third respondent. In paragraphs-5 & 6 of the report, the Tahsildar concerned has stated as follows:- "5. It is submitted that the aforesaid two roads are called as layout roads. In the entrance of Sky City apartment, two gates for exit and entrance along with one arch was erected in the land, which was gifted to the local body and the Varma Construction also constructed a Iron Gate in the gifted land in S.No.91/2 of Adayalampattu Village.
6. It is submitted that both the Sky City Apartment and Varma Construction constructed the gate in their respective gifted lands."
5. A counter affidavit is filed by the fifth respondent stating that the fifth respondent has already filed a civil suit in O.S.No.35 of 2024 before the Principal District Munsif Court, Poonamallee seeking for a declaration to adjudge the gift deed dated 20.03.2007 as null and void; to declare that the suit property is not a public road and for other reliefs and that the petitioner has filed this writ petition only to circumvent the suit proceedings.
6. Considering the pleadings and the stand taken by the fifth respondent in the counter as well the status report filed by the third respondent, this Court is of the view that the issues raised by the petitioner cannot be adjudicated in this writ petition and the parties have to workout their remedy before the civil Court. Therefore, leaving it open to the petitioner to raise all the contentions before the civil Court, this writ petition stands disposed of. However, it is open to respondents 1 to 4 to take further action on the basis of gift deed, unless there is any interim order in the suit challenging the gift deed. Consequently, W.M.P.No.5926 of 2024 is closed. No costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 25.06.2024 ss To
1. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore Chennai 600 008
2. The Commissioner Villivakkam Panchayat Union Ambattur, Chennai 600 053
3. The Tahsildar Poonamallee Taluk Poonamallee, Tiruvallur District
4. The Executive Officer/President Adayalampattu Panchayat Villivakkam Panchayat Union, Chennai
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 25.06.2024