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Madras High CourtWP/37500/2015dismissed

Krishnagiri New Housing Board v. The Principal Secretary

2015-11-25Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.37500 of 2015 and M.P.Nos.1 and 2 of 2015 Krishnagiri New Housing Board Residence Welfare Association, rep. by its President R.Govindaraj, No.M208, 1st Phase, New Housing Board, Kattiganapalli Village, Krishnagiri District-635 002.

.. Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Industries Department, Fort St. George, Chennai-600 009.

2.Managing Director, SIDCO, Corporate Office Buildings, Thiru-Vi-Ka Industries Estate, Guindy, Chennai-600 025.

3.The District Collector, Collectorate, Krishnagiri.

4.The Managing Director, Tamil Nadu Housing Board, Nandhanam, Chennai.

5.The Branch Manager, SIDCO Industrial Estate, Kattiganapalli, Krishnagiri-635 002.

6.The President, Kattiganapalli Panchayat, Krishnagiri Panchayat Union, Krishnagiri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the third respondent dated 27.10.2015 in Na.Ka.25912/2015/HI and to quash the same and consequently direct the second respondent to remove the obstruction on the 60 feet and 30 feet road connecting the Bangalore-Salem Bye-pass road. For Petitioner : Mr.S.Rajasekar for M/s.Raja Senthoorpandian For Respondents : Mr.STS.Moorthy Government Pleader assisted by Mr.V.R.Kamalanathan Asst. Government Pleader for R1 to R3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The 100 residents who have formed a Housing Welfare Association seek to have a permanent right of access to their housing area through the land of SIDCO, which is sought to be utilised by the Tamil Nadu Housing Board, even though this is not a patta land. The findings in the impugned order are that the residents have other access. But the learned counsel for the petitioner claims that this is the most convenient access.

2. The aforesaid can hardly be a reason for them to take the land of somebody else and claim right on it for access to their houses. There is no element of public interest whatsoever in the matter and this lis has to come to an end with this observation.

3. The writ petition is dismissed.

No costs.

Consequently, M.P.Nos.1 and 2 of 2015 are closed. sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR bbr

To 1.The Principal Secretary, Industries Department, Fort St. George, Chennai-600 009.

2.The Managing Director, SIDCO, Corporate Office Buildings, Thiru-Vi-Ka Industries Estate, Guindy, Chennai-600 025.

3.The District Collector, Collectorate, Krishnagiri.

4.The Managing Director, Tamil Nadu Housing Board, Nandhanam, Chennai.

5.The Branch Manager, SIDCO Industrial Estate, Kattiganapalli, Krishnagiri-635 002.

6.The President, Kattiganapalli Panchayat, Krishnagiri District.

+1 CC to MR.Raja Senthoorpandian Advocate. SR.NO.64011 +1 CC to Govt.Pleader. SR.NO. 64375 W.P.No.37500 of 2015 CO-EV JD 14/12/2015