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Madras High CourtWP/42440/2025disposed of

P.Dinesh v. The Secretary To Government

2025-12-01Honourable Mr Justice Abdul Quddhose7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-12-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 47473 OF 2025

1. P.Dinesh Petitioner(s) Vs

1. The Secretary To Government Government Of Tamilnadu, Revenue And Disaster Mangement , Secretariat, Rajaji Salai, Chennai - 600 009.

2.The District Collector, Ranipet District, Ranipet.

3.The Tahsildhar, Arakkonam Taluk, Ranipet District.

4.The Commissioner, Arakkonam Municipality, Arakkonam, Ranipet District.

Respondent(s)

PRAYER Directing the respondents to consider the petitioner's representation dated 8.10.2025 by providing the personal opportunity of hearing with respect to allotment of the land measuring 1091 sq.ft in T.S. No. 37 of Arakkonam Town Survey Arakkonam town, Arakkonam taluk, Ranipet district which is lying before the petitioners land in S.No. 35/6 of Arakkonam town and Taluk, Ranipet district for his ingress and egress on due consideration in consonance with the direction of this Court in WA No. 170 of 2025 within the stipulated time to be fixed by this Court.

For Petitioner(s):

Mr. V. Manohar for Mr.A.Ilayaperumal For Respondent:

Mr. C. Jayaprakash Government Advocate

ORDER

This writ petition has been filed, seeking for a mandamus to direct the respondents to provide access to the petitioner's property based on the petitioner's representation dated 08.10.2025.

2. The grievance of the petitioner in this writ petition is that his access to his property has been blocked by the construction of a Primary Health Centre

(PHC) by the respondent's Panchayat. His property is situated in S.No.35/6 of Arakkonam Town and Taluk, Ranipet District. The petitioner has also filed the sketch along with this writ petition to show that he has no access for his property situated in S.No.35/6 due to the construction put up by the respondent Panchayat. Hence, the petitioner has given a representation to the respondents on 08.10.2025, seeking allotment of land measuring 1091 sq.ft. in T.S. No.37 of Arakkonam Town Survey Arakkonam Town, Arakkonam Taluk, Ranipet District, which is lying before the petitioner's land in S. No.35/6 for the purpose of getting access. Since the said representation has not been considered, the petitioner has filed this writ petition.

3. Earlier, a writ petition was filed, challenging the tender notification issued by the respondents for the construction of the Primary Health Centre on the ground that the petitioner's access will get blocked if the said Primary Health Centre is constructed. The writ petition was dismissed. Aggrieved by the same, the writ appeal was filed in W.A. No.170 of 2025.

4. By an order dated 12.09.2025, the Division Bench of this Court in W.A. No.170 of 2025 has disposed of the writ appeal. The Division Bench of this Court has not interfered with the tender process, but however, granted liberty for the petitioner to submit a representation seeking for the relief sought for in this writ petition viz., giving access to the petitioner for his land situated in S.No.35/6.

5. Admittedly, the representation of the petitioner is yet to be considered by the respondents. As seen from the sketch produced by the petitioner, along with this writ petition, on a prima facie consideration, this Court also finds that the petitioner does not have access to his property.

6. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording one personal hearing to the petitioner within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Court directs the first and second respondents to pass final orders on merits and in accordance with law on the petitioner's representation dated 08.10.2025, seeking for allotment of land measuring 1091 sq.ft. in T.S. No.37 of Arakkonam Town Survey Arakkonam Town, Arakkonam Taluk, Ranipet District, which is lying before the petitioner's land in S.No.35/6 of Arakkonam Town and Taluk, Ranipet District for his ingress and egress within a period of four months from the date of receipt of a copy of this order after affording one personal hearing to the petitioner.

8. Accordingly, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

01-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab

To 1.The Secretary To Government Government Of Tamilnadu, Revenue And Disaster Mangement , Secretariat, Rajaji Salai, Chennai - 600 009.

2.The District Collector, Ranipet District, Ranipet.

3.The Tahsildhar, Arakkonam Taluk, Ranipet District.

4.The Commissioner, Arakkonam Municipality, Arakkonam, Ranipet District.

ABDUL QUDDHOSE J.

ab 01-12-2025