G.Muthukumar v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.07.2025 Coram:
THE HONOURABLE MRS.JUSTICE N.MALA WP.No.23724 of 2025 G. Muthukumar ... Petitioner Vs.
1. The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai Pincode-600 008.
2. The Additional Chief Secretary, Commissioner of Revenue Administration, Exhilagam, Chepauk, Chennai-600 005.
3. The District Collector, Collectorate, GST Road, Chengalpattu District, Pin Code-603 001.
4. The Revenue Divisional Officer, Kadaperi, Tambaram, Chengalpattu District, Pin Code-600 045.
5. The Commissioner, Panchayat Union, Kattankolathur, Chengalpattu District, Pin Code-603 203.
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6. The Tahsildar, Vandalur Taluk, GST Road, Guduvancherry, Chengalpattu, Pin Code-603 202.
7. The Block Development Officer, Kattankolathur, Chengalpattu District, Pin Code-603 203.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 7th respondent to dispose petitioner's representation dated 15.05.2025 within a reasonable period as may be fixed by this Hon'ble Court and further direct the 7th respondent to make necessary entries in your records, declaring 150 feet by pass road in Survey No.17/7, Puthur Village is a public road, handover the records to the 6th respondent along with official communication and the one set of photocopies of records to the petitioner.
For Petitioner : Mr.P.Sam Japa Singh For Respondent-1 : Mr.R. Thamarai Selvan,SC For Respondents 2,3,4 and 6 : Mrs.C. Meera Arumugam,AGP For Respondent 5 and 7 : Mr.B.Tamilnidhi,AGP
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
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2.Mr.Thamarai Selvan, Standing counsel takes notice for R1. Mrs.C.Meera Arumugam, Additional Government Pleader takes notice for R2, R3, R4 and R6. Mr.B.Tamilnidhi,Additional Government Pleader takes notice for R5 and R7.
3. This writ petition is filed seeking for a Writ of Mandamus directing the 7th respondent to dispose of the petitioner's representation dated 15.05.2025, submitted for declaring the 150 feet bypass road in Survey No.17/7, Puthur Village, as public road and for consequential directions.
4. The petitioner purchased a vacant house site in plot No.19, measuring an extent of 2.161 sq feet, in Puthur Village, now Vandalur Taluk, in Chengalpattu District in ZEEBA Nagar under a registered sale deed dated 14.01.2016. The petitioner states that his sale deed reflected a 150 feet by pass road and that even in his application dated 13.04.2018 for approval of the layout plan to the CMDA, the 150 feet by pass road was shown and approval was granted in P.P.D/L.O. regularization No.222/2018. 3 / 7
The petitioner states that even though the public were using the 150 feet bypass road, the adjacent owners were trying to encroach the same. The petitioner states that the adjacent land owners had no right to encroach upon the said road and the same could not be used for any other purpose except as a road. Hence, complaining against the encroachment, the petitioner submitted a representation to the respondents on 15.05.2025. Since, there was no response from the respondents, the petitioner was constrained to file the above writ petition for the above relief 5.At the time of hearing, the learned counsel for the petitioner submitted that though many grounds were raised in the writ petition, it would suffice, if this Court directs the seventh respondent to consider and pass orders on the petitioner's representation dated 15.05.2025, within a time stipulated by this Court.
6. Heard the learned counsel on either side and perused the materials available on record.
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7. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the seventh respondent to consider and pass orders on the the petitioner's representation dated 15.05.2025, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the aforesaid direction. No costs.
01.07.2025 smn Index:Yes/No Speaking order:Yes/No 5 / 7
To
1. The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai Pincode-600 008.
2. The Additional Chief Secretary, Commissioner of Revenue Administration, Exhilagam, Chepauk, Chennai-600 005.
3. The District Collector, Collectorate, GST Road, Chengalpattu District, Pin Code-603 001.
4. The Revenue Divisional Officer, Kadaperi, Tambaram, Chengalpattu District, Pin Code-600 045.
5. The Commissioner, Panchayat Union, Kattankolathur, Chengalpattu District, Pin Code-603 203.
6. The Tahsildar, Vandalur Taluk, GST Road, Guduvancherry, Chengalpattu, Pin Code-603 202.
7. The Block Development Officer, Kattankolathur, Chengalpattu District, Pin Code-603 203.
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N.MALA, J.
smn WP.No.23724 of 2025 01.07.2025 7 / 7