R.Elumalai v. The District Collector

2026:MHC:1342

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 52762 of 2025 R.Elumalai ..Petitioner Vs

1. The District Collector, O/o.The District Collector, Chengalpattu 603001.

2. The President, TNRERA, 1st Floor, Gandhi Irwin Bridge, Egmore, Chennai 600008.

3. The Director, DTCP, 1, 2 and 3rd Floor, Koyambedu Market Road, Chennai 600107.

4. The District Revenue Officer, O/o.District Revenue Office,

5. The Block Development Officer, Thiruporur Union, Thiruporur 603110.

6. The Tahsildar, O/o.The Tahsildar, Thiruporur 603110.

7. The Director, Urban Development Directorate, Koyambedu, Chennai 600107.

8. The Assistant Director, District Urban Development Office,

9. Y.Pushpanjali 10.Y.Goyalsai ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 8 to consider the representation dated 26.09.2025 For Petitioner :

Mr.D.Muthukumarappa For Respondents:

Mr.T.Arunkumar, Addl. Govt. Pleader for R1, R3, R4, R6 to R8 Mr.M.Rajendiran, Addl. Govt. Pleader for R5 R2 - No appearance R9 & R10 - Not ready in notice.

Order (Order of the Court was made by S.M.Subramaniam J.) With reference to the Mandamus raised in the present Writ Petition by the petitioner, the Block Development Officer, Thiruporur Panchayaat Union, Chengalpattu District filed a counter affidavit, which would show that no road encroachments are identified and the subject road is under public use for several years. The relevant paragraphs in the counter affidavit reads as under:

2.3. It is submitted that the Block Development Officer has passed proceedings in Na.Ka.No.3686/2023/A3, dated

17.11.2023 in response to one Yuvaraj representation seeking to get the certificate of approach road to Survey No.146/14 and 146/15. The Assistant Engineer, Thiruporur Panchayat Union made inspection and submitted report. Based on the report, the Block Development Officer, Thiruporur passed the above proceedings that Survey No.146/14 and 146/15 is laying in Thandalam Panchayat, 30 feet approach road in Survey No.154/10 which is used by the public in Jothi Nagar, Thandalam Panchayat. It is clearly reveals that survey No.154/10 is approach road. 2.4. It is submitted that the Panchayat President has sent the letter to the Tamil Nadu Real Estate regulatory authority on 01.04.2024 stating that the dhasara boomi layout got DTCP approval vide approval No.

244/23 as approach road to this layout, which is already existing as approach road of burial ground for the last 50 years. The Vani Vidhyalaya School started 12 years ago also utilizes the approach road. Further, the sun shine averments also situated in this road. The DTCP approval was given to the Dharsara Boomi layout considering the 30 feet approach road in Survey No.154.10. This road was laid down as Thaar road for many occasion under the Panchayat Union public fund and AGAMT. Then road is used by the students, public for ever lone.

2. In view of the said averments in the counter affidavit, no further adjudication is required.

3. Accordingly, the present Writ Petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed. (S.M.S.,J.) (K.S.,J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order DSA

To

1. The District Collector, O/o.The District Collector, Chengalpattu 603001.

2. The President, TNRERA, 1st Floor, Gandhi Irwin Bridge, Egmore, Chennai 600008.

3. The Director, DTCP, 1, 2 and 3rd Floor, Koyambedu Market Road, Chennai 600107.

4. The District Revenue Officer, O/o.District Revenue Office,

5. The Block Development Officer, Thiruporur Union, Thiruporur 603110.

6. The Tahsildar, O/o.The Tahsildar, Thiruporur 603110.

7. The Director, Urban Development Directorate, Koyambedu, Chennai 600107.

8. The Assistant Director, District Urban Development Office,

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

DSA 01-04-2026