V.Rajendran v. The Commissioner Of Corporation Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2025
CORAM:
THE HONOURABLE MRS. JUSTICE N.MALA 1.V.Rajendran 2.Geetha Rajendran .....
Petitioners Vs 1.The Commissioner of Corporation of Chennai Park Town, Chennai-600 003.
2.The Assistant Commissioner Zone-XII, Alandur 3.The Executive Engineer Zone-XII, Ward 165 Chennai-600 016.
4.The Assistant Executive Engineer Zone-XII, Ward 165 Chennai-600 016.
5.The Assistant Engineer Zone-XII, Ward 165 6.The Assistant Engineer TANGEDCO, Adambakkam Chennai-600 058.
7.The Tahsildar,
Alandur, Chennai-600 016 (R6 and R7 were suo motu impleaded vide order dated 15.06.2022 made in W.P No.9962 of 2022) .....
Respondents PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove boulders, pillars and other obstructions and to maintain the 20 feet width in the street namely Chidambaranar Street and Bharathi Street from the inner ring road to the petitioners' property.
For Petitioners : Mr.L.Damodharan For R1 to R5 : Mrs.P.T.Ramadevi Standing Counsel For R6 : Mr.L.Jaivenkatesh For R7 : Mrs.R.Anitha Special Government Pleader
O R D E R
This writ petition is filed to issue a Writ of Mandamus, directing the respondents to remove boulders, pillars and other obstructions and to maintain the 20 feet width in the street namely Chidambaranar Street and Bharathi Street from the inner ring road to the petitioners' property.
2. The petitioners are the absolute owners of the land and building
in the premises bearing 12/A Part, Bharathiyar Street, Chennai and 13/10, Chidambaranar Street, Chennai. The petitioners purchased the said property under a registered sale deed dated 04.12.2002. The petitioners after obtaining necessary planning permission from the authorities concerned, constructed a commercial building in the aforesaid property. According to the petitioners', the said property had access from Chidambaranar street as well as from Bharathi Street. Whileso, the Highways acquired land for formation of inner ring road and for laying an elevated Railway Track for MRTS. The petitioners had access to the inner ring road formed by the Highways authority, both from Chidambaranar street and Bharathi street. However, the said access was blocked by erecting pillars and placing boulders. Therefore, the petitioner's sent representations' on 27.03.2021 and 14.09.2021, to the concerned statutory authorities espousing their grievance. But, no action was taken. Therefore, the petitioners' were constrained to file the writ petition seeking for the aforesaid relief.
3. In the writ petition, the respondents 1 to 5 filed a counter and additional counter affidavit, wherein it was clearly stated that after inspection of the streets on 26.12.2022, by the Tahsildar, along with the officials, it was found that the width of the Chidambaranar and Bharathi Streets, was as per the
demarcation Block Map. It was further stated that as per the Road-War Register maintained by the Greater Chennai Corporation, the average road width of the Chidambaranar Street was 4.0 meters (13.12 feet), the average road width of the Bharathi Street was 4.0 metres (13.12 feet). The existing average road width of the Chidambaranar street was 5.33 metres (17.50 feet) and the existing average road width of Bharathi Street was 5.27 metres(17.30 feet). The respondents further stated that in front of the petitioners' property, the road width was 19.09 feet.
4. Even as per the Advocate Commissioner's report, the total length of Chidambaranar street was 163 meters with the road width varying from 23 feet and 22.6 feet, at different points of the road in the street. So also with regard to Bharathiar Street, the Advocate Commissioner recorded that the width of the road was 15 feet at the end, and 17 feet in the middle of the road. The road width at different points varied from 17 to 20 feet.
5. Be that as it may, it is seen that the specific grievance of the petitioners' in the writ petition was that their access to the inner ring road was blocked by placing boulders and pillars in the streets connecting to the inner ring road. Even the prayer in the writ petition was for removal of boulders,
pillars and other obstructions and to maintain 20 feet width in both the streets. From the counter, the additional counter and the advocate commissioner's report, it is evident that the average width of the road is maintained between 17 to 23 feet in both streets, further the grievance of the petitioners' regarding obstructions to the inner ring road has been addressed and the petitioners' free access to the inner ring road has been restored. The counsel for the petitioners' does not deny the aforesaid facts. Therefore, in my view nothing survives for further adjudication in this writ petition.
6. Accordingly, this Writ Petition stands dismissed. 18.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order uma To 1.The Commissioner of Corporation of Chennai Park Town, Chennai-600 003.
2.The Assistant Commissioner Zone-XII, Alandur N.MALA, J.
uma 3.The Executive Engineer
Zone-XII, Ward 165 Chennai-600 016.
4.The Assistant Executive Engineer Zone-XII, Ward 165 Chennai-600 016.
5.The Assistant Engineer Zone-XII, Ward 165 6.The Assistant Engineer TANGEDCO, Adambakkam Chennai-600 058.
7.The Tahsildar, Alandur, Chennai-600 016 18.06.2025