Dr.T.R.Ghurunaath v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-09-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.No.34609 of 2025 and WMP No.38793 of 2025 Dr.T.R.Ghurunaath ... Petitioner v.
1. The District Collector, Villupuram District, Collectorate Office, Vippuram-605 602.
2. The Tahsildar, Villupuram Taluk, Villupuram District-605 602 3.The Commissioner, Villupuram Municipality Municpal Office, Villupuram-605 602.
4. The Superintending Engineer (H), Construction & Maintenance, Highways Department, Ellis Chatram Road, Vazhudha Reddy, Villupuram-605 401.
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5. The Divisional Engineer, Highways Department Villupuram Division Villupuram-605 602.
... Respondents PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the third respondent herein to consider and dispose of the Petitioner's detailed representations dated 19.07.2025 in accordance with law, after affording due opportunity to the Petitioner, within a time frame fixed by this Court. For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.L.S.M.Hasan Fizal AGP for R1, R2, R4 and R5 Dr.T.Srinivasan, SGP for R3
ORDER
The petitioner claims to be a medical doctor. He states that his maternal aunt, one, Tmt.Kuppammal, had purchased a property to an extent of 3000 sq.ft. comprising S.No.323/4B of Poonthottam Village, Villupuram Taluk and District. The said Kuppammal had executed a registered 'Will' in favour of him and his brother favour, Dr.T.R.Gopinath on 23.12.1993. She passed away on 09.02.1994. Thereafter, the petitioner released his right in favour of his brother in 2006. After enjoying the property for a few years, Dr.T.R.Gopinath executed a settlement deed on 2/10
25.11.2021, in favour of the petitioner. As on today, the petitioner is the absolute owner of the property.
2. He claims that the property can be accessed only through the Ellis Chatram Road, Chennai-Thiruchirappali Bypass Road. Abutting his land, he claims that there is a property which belongs to the State of Tamil Nadu but had been encroached by the Municipality. He pleaded that he came to know that the Municipality has proposed to put up a construction over the said land which would adversely affect his access to the property. Hence, he gave a representation on 19.07.2025, pleading that the third respondent should not put up a construction, thereby affecting his access.
3. Taking note of the allegations made in the affidavit, I granted an order of status quo. I further directed Dr.Srinivasan, learned counsel appearing for the third respondent to survey the property and come up with the report as to whether the petitioner continues to enjoy access even after the construction is put-up by the Municipality in S.No.12 of the 3/10
aforesaid village. In compliance with the order, the surveyor deputed by the Tahsildar, Villupuram, surveyed the property and has submitted the following report:
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4. Together with the report, he has also produced photographs (which are geo-tagged) to show that the petitioner has erected a compound wall around his property and that there is a 6 meter road through which the petitioner has direct access to the ChennaiTiruchirapalli Bypass National Highway. 7/10
5. Perusal of the surveyor's report, as well as the photographs show that the petitioner has deliberately suppressed the fact that he has direct access to the 6 meter road and has set forth as if the access to his property is only through S.No.12 which is situated on the western side of his property.
6. It is unfortunate that a highly educated professional like the petitioner should utter false statements, mislead the Court and obtain an interim order. On account of the petitioner's conduct, the project which has been undertaken by the Municipality has come to a halt, albeit temporarily. On the merits, I find that there exists an access to the petitioner's property through a metalled road on the eastern side. The allegation that the petitioner has access only through western side is a false one. In fact, he has put a compound wall all around his property.
6. Hence, the writ petition is dismissed. The petitioner shall pay a sum of Rs.5,000/- as costs for the survey conducted by the Municipality. In addition, he shall also pay a sum of Rs.10,000/- as costs 8/10
to the Municipality for having obtained an interim order on the basis of false affidavit filed before this Court. Consequently, connected miscellaneous petition is closed.
17.09.2025 Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No kal To
1. The District Collector, Villupuram District, Collectorate Office, Vippuram-605 602.
2. The Tahsildar,Villupuram Taluk, Villupuram District-605 602 3.The Commissioner, Villupuram Municipality Municpal Office,Villupuram-605 602.
4. The Superintending Engineer (H), Construction & Maintenance, Highways Department, Ellis Chatram Road, Vazhudha Reddy, Villupuram-605 401.
5. The Divisional Engineer, Highways Department,Villupuram Division Villupuram-605 602.
V. LAKSHMINARAYANAN J.
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kal W.P.No.34609 of 2025 and WMP No.38793 of 2025 17.09.2025 10/10