Tamil Nadu Housing Board v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17-03-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM And WPMP Nos.20994, 20995 and 18283 of 2017 Dweller's Welfare Association, Kondapuram Represented by its President P.Shanmugavelu, No.B15, M.B.T. Road, Kaveripakkam, ..

Petitioner vs.

1.The District Collector, Vellore District, Vellore.

2.The Tahsildar, Nemili, 1/6

3.The Executive Engineer And Administrative Officer, Appellate Officer, Vellore Housing Branch, Vellore - 632 009.

4.Metha Nagar Dweller's Association, Represented by its President, Kaveripakkam, ..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the first respondent to redirect the second respondent to close the way created by the second respondent on 28th February, 2017 by way of removing the stone pillar with barbed wire fence of the petitioner.

For Petitioner : Mr.S.V.Ramamurthy For Respondents-1 and 2 : Mr.S.Ravichandran, Additional Government Pleader.

For Respondent-3 : Mr.D.Veerasekaran, Standing Counsel for TNHB.

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O R D E R

The relief sought for in the present writ petition is to direct the first respondent to redirect the second respondent to close the way created by the second respondent on 28th February, 2017 by way of removing the stone pillar with barbed wire fence of the petitioner.

2. The petitioner is the Tamil Nadu Housing Board Dwellers Welfare Association. The members of the petitioner-Association are allotted houses in Metha Naar and they are in occupation of their respective Dwelling Houses.

3. The grievance of the writ petitioner is that the Housing Board constructed barbed wire fencing covering the entire houses under the Housing Board Scheme and the said barbed wire fencing was removed by the Tahsildar for the purpose of providing access to the other residents, who all are residing outside the Housing Board Scheme. 3/6

4. Once the Revenue Authorities found that it is the Public Road, no fencing can be put by up any person, The Public Roads are to be used by the general public and the petitioner-Association cannot seek any exclusive usage of public rights for their benefits.

5. The Tamil Nadu Housing Board has erroneously put up fencing in the public road and the said fencing was removed by the Tahsildar for the benefit of the public and for usage of public at large, who all are residing in the nearby locality.

6. This being the factum, te petitioner has not established any acceptable ground for the purpose of granting the relief, as such, sought for in the present writ petition.

7. Accordingly, the present writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also dismissed.

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17-03-2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

Svn To 1.The District Collector, Vellore District, Vellore.

2.The Tahsildar, Nemili, 3.The Executive Engineer And Administrative Officer, Appellate Officer, Vellore Housing Branch, Vellore - 632 009.

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S.M.SUBRAMANIAM, J.

Svn WP 16835 of 2017 17-03-2023 6/6