T.Rajendran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WRIT PETITION NO.17719 OF 2021 T. Rajendran

...Petitioner

-Vs1. The Commissioner The Greater Chennai Corporation Commissioner Officer, Ripon Building, 1st Floor Raja Muthaih Rd, Kannappar Thidal, Periyamet, Chennai-600003.

2. The Collector Office of the Collectrate Chennai, Singaravelan Maligai, No.62, Rajaji Salai, 4th floor, Chennai-600001.

3. The Tahsildar Office of the Tahsildar office, TNHB, Sholinganallur, Chennai-600119.

4. The Chairman Chennai Metropolitan Development Authority Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600008.

5. Block Development Officer Block Development Office (BDO) No.20, Chitlapakkam main Rd, Kamaraj colony, Nehru Nagar, Chitlapakkam, Chennai-600064.

6. The Zonal Officer Zone XV, No.120, Rajiv Gandhi Salai, Sholinganallur, Chennai-600119.

7. TVS Emerald Hamlet Premium City Plots No.84/6B, Vendrasi Amman Kovil St, Karappakkam, Chennai-600097.

8. Leo N.Sundaram S/o. Narayanasawmi Vaikunda Sundaram Company Ltd.

Vendrasi Amman Kovil St, Krappakkam, Chennai-600097.

( Respondents 2, R3 & R5 deleted vide Court order dated 24.08.2021 made in WP No.

17719 of 2021)

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus or any other appropriate writ, order or direction in the nature of writ directing the 1st, 2nd, 3rd, 4th, 5th & 6th respondents to consider petitioner's representation on 22.03.2021 and to open the common road access him to do the agriculture in my property. For Petitioner : R. Yuvaraj For Respondents : Mrs.Veena Suresh, Standing Counsel for R4 Ms.P.T.Ramadevi Standing Counsel for R1 and R6

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner dated 22.03.2021, wherein the petitioner has requested for uninterrupted access through the common road to his agricultural land.

2. The learned standing counsel appearing on behalf of the Chennai Corporation circulated the written submissions of the 6th respondent. The relevant portions in the written submissions are extracted hereunder.

" 4. I respectfully submit that the road belongs to the Greater Chennai Corporation having Survey Nos.69/3A1, 69/3A2B, 69/3B2B, 69/3B1, 69/4A, 69/4B, 70/3A, 71/1A, 71/1B is fully approachable road portion which is in front of the petitioner's property having Survey Nos.67/3, 67/4, 71//4A, 71/4B, 73/2, 73/2 &73/1A.

5. I respectfully submit that the site was inspected by the Assistant Commissioner, Zone-XV, The Executive Engineer, Zone-XV, The Assistant Executive Engineer Unit-45 and the Divisional Engineer Ward-197 on 27.08.2021 and found that there is a accessible road in existence that is approachable to the petitioner's property. I further submit that officials have spoken to the representative of the TVS Emerald, Thiru.Velumani and they submitted that they are much co-operative with the petitioner. The layout of the plots is attached along."

3. In view of the specific stand taken by the 6th respondent, it is seen that there is an access from the common road to the agricultural land belonging to the petitioner. If the petitioner is aggrieved and he is questioning the right of the private respondents with regard to the formation of the lay out, it is left open to the petitioner to work out his remedy before the appropriate Civil Court.

4. This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar KST To

1. The Commissioner The Greater Chennai Corporation Commissioner Officer, Ripon Building, 1st Floor Raja Muthaih Rd, Kannappar Thidal, Periyamet, Chennai-600003.

2. The Chairman Chennai Metropolitan Development Authority Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600008

3. The Zonal Officer Zone XV, No.120, Rajiv Gandhi Salai, Sholinganallur, Chennai-600119.

+1cc to Ms.P.T.Ramadevi, Advocate, S.R.No.43568 W.P.No.17719 of 2021 SS(CO) RLP(23/09/2021)