Court dismissed a PIL seeking mandamus for road laying, illumination, and water supply. It held that since the land ownership dispute in a related petition was pending, a writ of mandamus could not be issued.
Writ petition dismissed with no costs, with an observation to implement the order in the related petition disposing of the land dispute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.17927 of 2019
R.Thamodharan .. Petitioner
Vs.
1. The Commissioner,
Greater Chennai Corporation,
Chennai 600 020.
2. The Chairman,
Chennai Metro Water Supply &
Sewerage Board (CMWSSB)
Chindadripet, Chennai -600 002. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to ensure that proper bitumen road is laid in Ambedkar street (Extn), Ambedkar street, Pallikaranai, Chennai and to illuminate the said Ambedkar street (Extn) with street lamps adequately and also to provide Underground drainage system and to supply of water by the 2nd respondent, in a time bound manner.
For Petitioner : Mr.A.Mohamed Ismail For Respondents : Mr.K.Soundararajan
O R D E R
(Order of the Court was made by S.MANIKUMAR, J.)
The petitioner has sought for a Mandamus, directing the respondents to ensure that proper bitumen road is laid in Ambedkar Street (Extn), Ambedkar street, Pallikaranai, Chennai and to illuminate the said Ambedkar street (Extn) with street lamps adequately and also to provide Underground drainage system and to supply of water by the Chairman, Chennai Metro Water Supply & Sewerage Board (CMWSSB), Chindadripet, Chennai, 2nd respondent, in a time bound manner.
who is also residing at Ambedkar Street, prevented the authorities from putting rubbish, on the ground that the said land is a Patta land. He has also filed W.P.No.517 of 2017, seeking a direction to forbear the respondents from in any way disturbing the peaceful possession and enjoyment of the property of the comprised in Survey No.327/4 situated at Pallikkaranai Village, Ward No.189, Zone No.14 within Corporation of Chennai, Sholinganallur Taluk, Kancheepuram District. Immediately, the Corporation had addressed a letter, dated 09.01.2017 to the Tahsildar, Sholinganallur about the dispute and the Writ Petition filed by P.Veeramuthu in W.P.No.517 of 2017 and requested the Tahsildar to survey the disputed land and furnish a report to the Corporation. Thereafter, the said Writ Petition was disposed on 06.04.2017, with the following directions,
"4. In view of the aforesaid stand, the respondents 2 and 3, as the case may be, are directed to take appropriate action after due notice to the petitioner in pursuant to the reply, if any, to be given by the Tahsildar, Sholinganallur Taluk".
accordance with law. In view of the above said facts, the disputed road could not be developed in spite of the fact that the surrounding areas are well maintained by the Corporation. Hence, the 1st respondent has prayed for dismissal of the writ petition.
2 issues framed by the court
Whether a writ of mandamus could be issued directing respondents to develop a road disputed over land ownership pending in another petition.
Whether the existence of a pending dispute over land ownership precludes the issuance of a mandamus for road development.
1 provisions across 1 enactments
R.Thamodharan
The Commissioner, Greater Chennai Corporation
The Chairman, Chennai Metro Water Supply & Sewerage Board
S.Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
