In three writ petitions, three petitioners challenged road construction activities by a private respondent on land adjacent to their unapproved plots. The court found the layout unapproved and the land distinct, holding the petitioners could not prevent the private respondent's utilization of the lawfully purchased property.
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
RESERVED ON: 21.10.2019
PRONOUNCED ON: 04.11.2019
CORAM::
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Writ Petition Nos.26047, 26053 & 26056 of 2019 & W.M.P.Nos.25437, 25438, 25442 of 2019
P.Paul Petrock, S/o.Paul Lurdhusamy, No.9, Defence Colony, Gopalapuram, Chennai – 600 072.
... Petitioner in W.P.No.26047 of 2019
R.Muthulakshmi, W/o.S.Rajendran, No.7, Defence Colony, Gopalapuram, Chennai – 600 072.
... Petitioner in W.P.No.26053 of 2019
K.Murugan, S/o.S.Karuppasamy, No.7, Defence Colony, Gopalapuram, Chennai – 600 072 ... Petitioner in W.P.No.26056 of 2019
/versus/
Sri Ramakrishna Matriculation Higher Secondary School, No.53, South Bazar, Thandurai,
Pattabiram, Chennai – 600 072
... Respondents in all cases.
Prayer in W.P.Nos.26047, 26053 & 26056 of 2019: Writ Petitions are filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, to direct the 2nd respondent to lay road at Sr.No.145/4, 7 & 8 of No.6, Sekkadu Village, Avadi Township as per the layout sanctioned by the 2nd respondent.
For Petitioner : Mr.S.Ilamvaludhi in W.P.Nos.26047 & 26053 of 2019
For Petitioner : Mr.V.Karthikeyan in W.P.No.26056 of 2019 For R1 & R3 : Mr.N.Inbanathan in all cases Additional Government Pleader For R2 : Mr.P.Srinivas in all cases For R4 : Mr.P.K.Sabapathi in all cases
C O M M O N O R D E R
Heard the Learned Counsel for the Petitioners and the Learned Counsel for the Respondents.
W.P.No.26047 of 2019:
The petitioner/Mr.P.Paul Petrock, claims that, he purchased Plot No.9, Defence colony, Gopalapuram, situated at Sorancherry Madura Sekkadu Village, from one C.Muthuraj by a registered sale deed duly registered in the office of SubRegistrar, Kundrathur, on 02.12.2009. He has constructed a house in the said property and enjoying the same since 2009. It is a corner plot lying at the dead end of the street.
W.P.No.26053 of 2019:
The petitioner/Mrs. R.Muthulakshmi claims that, she purchased Plot No.7, Defence Colony, Gopalapuram, situated at Sorancherry Madura Sekkadu Village from one M.Sankaralingam by a registered sale deed duly registered in the Office of the SubRegistrar, Kundrathur on 23.02.2005. She has constructed a house in the said plot and enjoying the same since 2005.
W.P.No.26056 of 2019:
The petitioner/K.Murugan claims that, his sister purchased Plot No.7, to an extent of 2379 sq.ft at Defence Colony, Gopalapuram situated at Sorancherry Madura Serkkadu Village from one M.Sankaralingam by a registered sale deed duly registered at Sub-Registrar Office at Kundrathur on 23.02.2005. Subsequently, his sister settled 1052 ½ sq.ft of land vide settlement deed duly registered on 08.07.2011. He has constructed a house in his portion and enjoying the same without any interruption since 2011.
After the lifetime of Mari Naicker, the property devolved on his son Kuppusamy Naicker. The said Kuppusamy Naicker settled the property in favour of his wife Annammal vide settlement deed dated 14.07.2008. The property in extent of 70 cents was purchased for the 4th respondent to provide playground for the Matriculation School. In the year 2013, one L.Thirunavukarasu, Power Agent of Sai Jayakanth Barathi tried to interfere their peaceful possession of the property. They filed a Civil Suit before the Principal District Munsif Court, Poonamallee in O.S.No.507 of 2013. The said suit for injunction was decreed in favour of them on 08.11.2018. The Civil Court has given a clear finding that the 4th respondent and his family members are the absolute owners of the 70 cents of land in S.No.145/4. The petitioner and others gave a complaint at Pattabiram Police Station. On production of all the documents, they dropped the complaint as bereft of bonafide. The petitioners, though fully aware of the fact that the documents and Court decree are in favour of the 4th respondent, suppressing the same has filed these Writ Petitions with malafide intention to harass.
are claimed by the petitioners to be running from 'EAST' to 'WEST' are already connected to a road by name Gopalapuram 1st Main Road, which is on the Western side. The petitioners have their access to the said public thoroughfare and they are in no manner prevented from reaching their property from the public roads.
04.11.2019
After pronouncing the judgment, the Learned Counsel for the petitioner submits that the petitioner may be given liberty to seek relief before the competent Civil Court and any observation made by this Court shall not influence the Civil Court. If the petitioner advised to approach the Civil Court, they are at liberty to do so. In such case, the Civil Court shall decide the matter independently without being influenced by any observation made in this order. bsm
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
+1cc to Mr.P.K.Sabapathi, Advocate, SR.No.91341 +1cc to Mr.P.Srinivas, Advocate, SR.No.91401 +1cc to the Govt.Pleader, Vide Sr.No.91530
Writ Petition Nos.26047, 26053 & 26056 of 2019
Kak(20/11/2019)
3 issues framed by the court
Whether petitioners' grant of a mandatory writ against the 4th respondent for laying a road infringes upon the latter's right to use lawfully purchased adjoining land.
Whether the layout in which petitioners claim to have constructed houses is approved enough to vest street regulation duties with the respondent local body.
Whether petitioners' access to their residences has been denied by the road construction activities of the 4th respondent.
P.Paul Petrock
R.Muthulakshmi
K.Murugan
The Collector, Tiruvallur District
The Commissioner, Avadi Corporation
Sri Ramakrishna Matriculation Higher Secondary School
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
