R.Baskaran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.05.2025
CORAM:
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI and WMP.No.21974 of 2025 Mr.R.Baskaran
...Petitioner
-Vs1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai.
2.The Ward Member, Ward No.156, Alandur Zone, Corporation of Chennai.
3.The Assistant Engineer, Ward No.156, Alandur Zone, Corporation of Chennai.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondents to consider the representation dated 21.04.2025 and 23.05.2025 and lay the road connecting Nathamuni Road with the 30 feet road named as Mani Garden Road in Ward No.154, Mugalivakkam, Alandur Zone, Chennai Corporation Limits.
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For Petitioner :
M/s.R.Revathy For R1 to R3 :
Mr.D.B.R.Prabhu Standing Counsel
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to consider the representations of the petitioner dated 21.04.2025 and 23.05.2025 and lay the road connecting Nathamuni Road with 30 feet road named as Mani Garden Road in Ward No.154, Mugalivakkam, Alandur Zone, Chennai Corporation Limits. 2.The petitioner states that he is the owner of an extent of about 2440 sq.ft. in S.No.36/7, Mugalivakkam Village, Alandur Taluk, Chennai, purchased under two registered sale deeds. The petitioner states that originally an extent of about 64 cents belonged to one Mani Mudaliar and he settled the same between his wife and two sons namely Jayakumar and Baskar each acquiring about 8000 and odd sq.ft. in the year 2011 under three settlement deeds. Even while dividing so, he formed a 30 feet common road on his patta land. The said Jayakumar sold an extent of 1220 sq.ft. to the 2/6
petitioner and settled an extent of about 2440 sq.ft. in favour of his daughter namely J.Keerthana. The said Keerthana sold an extent of 1220 sq.ft. to the petitioner vide registered sale deed dated 07.02.2025. The petitioner further states that the said extent of 8540 sq.ft. which fell to the share of Jayakumar is now owned by around 5 people and on the other side, the share of Baskar is also divided and both parties have a common 30 feet road now named as Mani Garden Street and used by all the local people. The 30 feet common parthway joins with 40 feet road of an adjacent layout namely Tiruvallur Nagar. The 40 feet road is named as Natha Muni Road. 3.It is the case of the petitioner that the local people have been repeatedly asking for joining these two roads since there is a small gap which has to be laid as road.
The said small gap seems to be Government land and there is a hole in the gap which has to be filled up. Therefore, the petitioner submitted various representations to the respondents in this regard. Since no action was forthcoming, the present writ petition is filed.
4.Heard the learned counsel for the petitioner and Mr.D.B.R.Prabhu, learned Standing Counsel, appearing for the respondents 1 to 3.
5.Considering the facts and circumstances of the case, without going into the merits of the case, the respondents are directed to conduct an enquiry by giving due opportunity to all the parties concerned and dispose of the representations of the petitioner, dated 21.04.2025 and 23.05.2025, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of the order.
6.With this direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29.05.2025 mkn/cda Internet : Yes Index : Yes / No Speaking / Non-Speaking Order 4/6
To 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.
2.The Ward Member, Ward No.156, Alandur Zone, Corporation of Chennai.
3.The Assistant Engineer, Ward No.156, Alandur Zone, Corporation of Chennai.
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T.V.THAMILSELVI, J.
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