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Madras High CourtWP/29395/2025disposed of

R.Ellappan v. The District Collector

2025-08-12Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.R.Ellappan 2.R.Kothandaraman

...Petitioners

Versus

1.The District Collector, Office of the Collectorate, Kancheepuram District - 631 501.

2.The Managing Director, Tamil Nadu Road Development Company Ltd., No.171, 2nd Floor, West Kesavaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 28.

3.The General Manager, Tamil Nadu Road Development Company Ltd., No.171, 2nd Floor, West Kesavaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 28.

...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing to the 2nd & 3rd respondents to allocate pathway accessing to the lands comprised in 714/1B, 1C, 715/1A, 1B1 & 2 situated at Malaiyampakkam Village, Kundrathur Taluk, Kancheepuram District to the petitioners by considering the petitioners' Representation dated 19.12.2023. For Petitioners :

Mr.K.Gowthaman For Respondent - 1 :

Mr.P.Sathish, Additional Government Pleader For Respondents - 2 & 3:

Mr.M.Sivavarthanan

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The relief sought in this writ petition is to direct respondents 2 & 3 to allocate pathway access to the lands comprised in S.Nos.714/1B, 1C, 715/1A, 1B1 & 2 situated at Malaiyampakkam Village, Kundrathur Taluk, Kancheepuram District to the petitioners by considering the petitioners' Representation dated 19.12.2023.

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3. At the outset, the learned counsel appearing for the respondents 2 & 3 submitted that the respondents 2 & 3 would consider the petitioners' Representation dated 19.12.2023 and pass appropriate orders, within a time frame to be fixed by this Court.

4. The above submission made by the learned counsel for the respondents 2 & 3 has been fairly conceded by the learned counsel for the petitioners.

5. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The respondents 2 & 3 shall consider the petitioners' Representation dated 19.12.2023 and pass appropriate orders, after issuing notice and affording a reasonable opportunity of hearing to the petitioners, adjacent land owners and all other interested parties including rival claimants, if any, within a period of twelve weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order.

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(ii) Though facts have been set out extensively in the affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the Authority. (iii) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondents to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioners and all other interested parties are left open. No costs.

12.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6

To 1.The District Collector, Office of the Collectorate, Kancheepuram District - 631 501.

2.The Managing Director, Tamil Nadu Road Development Company Ltd., No.171, 2nd Floor, West Kesavaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 28.

3.The General Manager, Tamil Nadu Road Development Company Ltd., No.171, 2nd Floor, West Kesavaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 28.

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MOHAMMED SHAFFIQ, J.

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