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Madras High CourtWP/11987/2024disposed of

G.Arunmozhi, v. The State Of Tamilnadu,

2026-03-06Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and W.M.P.No.13085 of 2024

1. G.Arunmozhi

2. N.Sateesh Kuniyil

3. V.Sangeetha

4. M.Indhumathi

5. V.Yuvanesh

6. A.Vigneshwaran

7. K.Kamalakshi ..Petitioner(s) Vs

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Forest Department, Fort St.George, Secretariat, Chennai -600 009.

2. The District Forest Officer, Chennai Division, No. 259, 3rd Floor, D.M.S.Compound, Chokkalingam Nagar, Teynampet, Chennai -600 006.

3. The District Collector, Chengalpattu District, G.S.T.Road, Chengalpattu -603 001.

4. The Tahsildar, Tambaram Taluk, Taluk Office, G.S.T.Road,

Tambaram Sanatoriam, Chennai -600 045.

..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the 2nd Respondent herein from any manner putting up any compound wall by abutting 30 feet road which is existing from 1970 on the eastern side of the Sri Ganapathy Nagar Colony, Pallikkaranai, Chennai -600 100 which is the only ingress and egress to the 335 families and public.

For Petitioner(s) :

Mr.J.Selvarajan For Respondent(s) :

Mr.V.Veluchamy, AGP

ORDER

This writ petition has been filed to forbear the second respondent herein from any manner putting up any compound wall by abutting 30 feet road which is existing from 1970 on the eastern side of the Sri Ganapathy Nagar Colony, Pallikaranai, Chennai, which is the only ingress and egress to the 335 families and public.

2. The case of the petitioners is that they are the owners of house plots situated in Sri Ganapathy Nagar Colony, Pallikaranai, Chennai and the respondents herein are trying to abutting the only 30 feet road on the eastern side of the said lay out, which is the ingress and egress of the petitioners by putting up compound wall without any notice to them. In this regard,

representations were made by the petitioners. However, the same was not considered by the respondents. Hence, the petitioners have come forward with this writ petition.

3. Learned counsel for the petitioners would submit that the said road is used by the petitioners as well as the people living in the said locality, since 1970. Citing the reason that it is a marsh land, the respondents are putting a compound wall, which affects the ingress and egress. Accordingly, he prays for appropriate orders.

4. Learned Additional Government Pleader appearing for the respondents would submit that the aforesaid road, which the petitioners and public are using is situated in the marsh land. Hence, in order to preserve the said marsh land, the respondents are putting a compound wall. Therefore, he prays for dismissal of this writ petition.

5. Heard the learned counsel on either side and perused the materials available on record.

6. In the present case, if the road is situated in the marsh land, the respondents can put up the compound wall, however, according to the petitioners, the said road is not situated in the marsh land and the same is used

by the petitioners and public, since 1970. Such being the case, this Court directs the respondents to measure the subject property and verify whether the road is situated in the marsh land, after issuing due notice to the petitioners as well as aggrieved parties if any and thereafter, if so, proceed with the construction of the compound wall.

With the aforesaid observation and direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

06-03-2026 Index: Yes/No Speaking/Non-speaking order VM

To:

1. The Secretary, Forest Department, Fort St.George, Secretariat, Chennai -600 009.

2. The District Forest Officer, Chennai Division, No. 259, 3rd Floor, D.M.S.Compound, Chokkalingam Nagar, Teynampet, Chennai -600 006.

3. The District Collector, Chengalpattu District, G.S.T.Road, Chengalpattu -603 001.

4. The Tahsildar, Tambaram Taluk, Taluk Office, G.S.T.Road, Tambaram Sanatoriam, Chennai -600 045.

KRISHNAN RAMASAMY, J.

VM 06-03-2026