Jothi Raja.K v. The Principal Secretary Cum Member Secretary

2025:MHC:775

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Mr.Jothi Raja.K Appellant(s) Vs

1. The Principal Secretary Cum Member Secretary Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.The Block Development Officer Panchayat Union Office, Chitlapakkam, Chennai.

3.The Sub-Registrar Office Padappai, Kancheepuram District.

Kancheepuram Respondent(s)

PRAYER To set aside the impugned order and judgment dated 12.09.2023 in W.P.No. 8153 of 2022 and W.M.P.No. 8144 of 2022 and allow the Appeal directing the 1st Respondent to pave way to his land with cost. For Appellant(s):

Mr.M.K.Bhoopathy Rajan For M/s.Swaminathan Associates For Respondent(s):

Mr.R.Sivakumar Standing Counsel For CMDA For R1 Mr.T.Chandrasekar SGP For R2 and R3

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Intra-Court Appeal has been instituted challenging the writ order dated 12.09.2023 passed in W.P.No.8153 of 2022.

2. The grievance of the appellant is that there is no approach road to the agricultural land belonging to the appellant. The appellant is the owner of the agricultural land comprised in S.No.129/4 situated at Mudichur Village, Tambaram Taluk, Kancheepuram District. The impugned order reveals that the layout in question was approved as early as on 13.11.2009 and the roads

proposed in Approval No.54 of 2009 and the roads proposed in the said layout were gifted in favour of local body.

3. The enlarged map of the layout and the adjacent property shows that there is a road in the layout leading to S.No.120 in Mudichur village. In view of the said fact the learned Single Judge made a finding that the objection raised by the appellant was incorrect, and the respondents could establish that there is an approach road to reach the agricultural land belonging to the appellant.

4. If at all any encroachment is identified, it is for the appellant to initiate appropriate action in the manner known to law. Alternatively, if there is no approach road as alleged by the appellant or any objection, the appellant is at liberty to approach the Competent Civil Court of Law to establish his right or otherwise.

5. With this liberty, the Writ Appeal stands dismissed. There shall be no order as to costs.

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 19-02-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Principal Secretary Cum Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.The Block Development Officer Panchayat Union Office, Chitlapakkam, Chennai.

3.The Sub-Registrar Office Padappai, Kancheepuram District.

Kancheepuram

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

Jeni 19-02-2025