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Madras High CourtWP(MD)/32913/2025disposed of

Nanthakumar G v. The Additional Chief Secretary To The Government Of Tamil Nadu

2025-11-19Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.32913 of 2025 and W.M.P(MD)No.25955 of 2025 G.Nanthakumar ..Petitioner Vs 1.The Additional Chief Secretary to the Government of Tamil Nadu, Rural Development and Panchayath Raj Department, Fort St. George, Chennai-600 009.

2.The Commissioner Rural Development and Panchayath Raj Department, Panagal Building, Saidhapettai, Chennai-600 015.

3.The District Collector District Collectorate, Virudhunagar, Virudhunagar District-626 002.

4.The Project Director District Rural Development Agency, District Collector Office, Virudhunagar-626 002.

5.The Block Development Officer Village Panchayat, Block Development Office, Aruppukkottai - 626 101.

Virudhunagar District.

6.The Revenue Tahsildar Aruppukottai Taluk, Virudhunagar District.

..Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to grant permission to the petitioner to construct a bridge across survey No. 159/9 (Sewage water stream) and further direct the 5th respondent to issue a right of access certificate to the said place though the approach roads available in Survey Nos.159/3, 159/4B, 159/6 and 159/7A1A and ensure access to the petitioner's patta land in survey No.154/3, Palayampatti Village, Aruppukottai Taluk, Virudhunagar District, within a time frame to be stipulated by this court in the light of the petitioner's representation dated 07.11.2025.

For Petitioner : Mr.N.Dilipkumar For Respondents : Mr.A.Kannan, Addl. Govt. Pleader (For R1 to R4 & R6) Mr.G.Suriya Ananth, Addl. Govt. Pleader (For R5)

ORDER

The petitioner has filed this writ petition seeking a Writ of Mandamus directing the respondents to grant him permission to construct a bridge across Survey No.159/9 (sewage water stream) and further directing the fifth respondent to issue a Right of Access Certificate through the available approach roads in Survey Nos.159/3, 159/4B, 159/6, and 159/7A1A, so as to provide access to the petitioner's patta land in Survey No.154/3, Palayampatti Village, Aruppukottai Taluk, Virudhunagar District. The petitioner relies on his representation dated 07.11.2025. 2/6

2. The learned counsel for the petitioner submits that the petitioner is the absolute owner of the patta land in Survey No.154/3. However, due to the presence of a sewage water stream in Survey No.159/9, he has no access to his land. The absence of a proper access pathway has made the land unusable, effectively depriving him of the enjoyment of his property. The petitioner has made a representation dated 07.11.2025 to the respondents requesting permission to construct a small bridge across the channel, which he proposes to construct at his own expense. The bridge will not obstruct the water flow nor cause any inconvenience to the public. Despite repeated requests, the respondents have not acted upon the representation, forcing him to approach this Court.

3. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 07.11.2025 will be considered in accordance with law.

4. Considering the admitted fact that the petitioner's land is situated across the channel and there is no alternative access, this Court finds that the petitioner is entitled to have his representation considered. As the petitioner has expressed his willingness to construct the bridge at his own expense, the respondents are directed to consider the petitioner's representation dated 07.11.2025 positively and permit him to construct the 3/6

bridge across Survey No.159/9, subject to compliance with all applicable rules and technical requirements. The petitioner shall submit all relevant documents and plans to the first respondent. Upon receipt of the documents, the first respondent shall process and conclude the request within a period of three weeks. The construction will be executed by the Public Works Department at the cost of the petitioner.

5. This writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 19.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Additional Chief Secretary to the Government of Tamil Nadu, Rural Development and Panchayath Raj Department, Fort St. George, Chennai-600 009.

2.The Commissioner Rural Development and Panchayath Raj Department, Panagal Building, Saidhapettai, Chennai-600 015.

3.The District Collector District Collectorate, Virudhunagar, Virudhunagar District-626 002.

4.The Project Director District Rural Development Agency, 4/6

District Collector Office, Virudhunagar-626 002.

5.The Block Development Officer Village Panchayat, Block Development Office, Aruppukkottai - 626 101.

Virudhunagar District.

6.The Revenue Tahsildar Aruppukottai Taluk, Virudhunagar District.

5/6

P.T.ASHA, J.

skn Writ Petition(MD)No.32913 of 2025 and W.M.P(MD)No.25955 of 2025 19.11.2025 6/6