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Madras High CourtWP/14396/2020disposed of

R.S.P.Nagar Residents And Land Owners Association v. The District Collector

2025-02-13Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH & W.M.P.No.17875 of 2020 R.S.P. Nagar Residents and Land Owners Association represented by its President K.Subramaniam, S/o.Karuppanna Gounder, No.146/5, Kulathupunjai Street, R.S.P.Nagar, Dharapuram, Tiruppur District - 638 656.

... Petitioner Vs.

1.The District Collector, Tiruppur District, Triuppur.

2.The Revenue Divisional Officer, Dharapuram, 3.The Divisional Engineer, Tamil Nadu Road Sector Project (II Wing), 4.The Divisional Engineer, State High Ways Building and Maintenance, Dharapuram, Tiruppur District.

5.The Commissioner, Dharapuram Municipality, Dharapuram, Tiruppur District.

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6.The Inspector of Police (Traffic), Dharapuram Police Station, Dharapuram.

7.Dharapuram R.S.P.Nagar West People General Welfare Association, (R.No.142/2020), represented by its President, Having its office at 14/1, Kulathupunjai Street, RSP Nagar, Bypass Road, Dharapuram, ... Respondents [R7 impleaded vide order dated 07.01.2021 made in W.M.P.No.82/2021 in W.P.No.14396/2020 by AQJ] Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus forbearing the respondents from in any manner providing direct access from the EastWest layout roads of RSP Nagar Layout, Dharapuram to connect the same to the National Highway Number 83A running between Tiruppur to Madurai and permanently close the access to the said layout from the National Highway in order to protect the safety of the residents of the layout.

For Petitioner : Mr.K.Rajendra Prasad For Respondents : Mr.A.Selvendran Special Government Pleader [R1 to R4 & R6] Mr.P.Srinivas [R5] Mr.N.Damodaran [R7] ***** 2/6

O R D E R

This writ petition has been filed seeking to forbear the respondents from in any manner providing direct access from the EastWest layout roads of RSP Nagar Layout, Dharapuram and to connect the same to the Highway Number 83A running between Tiruppur and Madurai.

2. Heard Mr.K.Rajendra Prasad, learned counsel for petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 4 & 6, Mr.P.Srinivas, learned counsel appearing for fifth respondent and Mr.N.Damodaran, learned counsel appearing for seventh respondent.

3. The grievance expressed by the petitioner has been answered by the second respondent and the relevant portion in the counter affidavit is extracted hereunder:

"8. It is further submitted as follows:-

1. The layout roads of RSP Nagar cannot be connected with the Project Road (SH-37) from safety point of view.

2. The local streets cannot be connected to the Highway directly, but only through collector roads as per the existing Rules of the Department of Highways.

3. There is no necessity and possibility based on the site 3/6

conditions to connect the two roads of the RSP Nagar to the SH-37.

4. More over as per the DPR and contract of the Highways Department there is no proposal to connect the layout roads of the RSP Nagar at Km 78+540 (RHS) and Km.78 + 635 (RHS) to the SH-37.

9. Hence these roads of RSP Nagar will not be connected to SH37 as per the DPR and contract agreement and no other person or authority can take any action to connect the said layout roads to the SH-37. The barricades for the safety of the public are being erected on the boundary of the service to prevent the entry of pedestrians or traffic from the RSP Layout to the Service Road in order to ensure the safety of the pedestrians and traffic."

4. There seems to be some dispute between the petitioner and the impleaded seventh respondent regarding the usage of the service road. It is not necessary for this Court to go into that issue in this writ petition.

The stand taken by the official respondent in the counter affidavit is recorded and this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6

To 1.The District Collector, Tiruppur District, Triuppur.

2.The Revenue Divisional Officer, Dharapuram, 3.The Divisional Engineer, Tamil Nadu Road Sector Project (II Wing), 4.The Divisional Engineer, State High Ways Building and Maintenance, Dharapuram, Tiruppur District.

5.The Inspector of Police (Traffic), Dharapuram Police Station, Dharapuram.

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N.ANAND VENKATESH, J gm 13.02.2025 6/6