The petitioner challenged the impasse of access to his land after acquisition for the National Highway Authority of India's Truck Lay-By. The Court rejected the petitioner's request to force construction of this access or a separating wall, dismissing the writ petition.
Writ of Mandamus to compel provision of access or construction of wall was dismissed.
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.
W.P. No.10726 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2023
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P. No.10726 of 2017 and W.M.P. No.11672 of 2017
G.V.R.K.Raju ... Petitioner
Vs.
Prayer : Writ Petition is filed under Article 226 of the Constitution of India,
to issue a writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 09.02.2017 and take appropriate steps,
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including providing access to the petitioner's lands and build a wall separating the Truck bay from the petitioner's lands, within a time bound manner, preferably within a period of four weeks.
For Petitioner : Mr.R.Parthasarathy
For Respondents : Mrs.S.R.Sumathy Standing Counsel for NHAI for R1 Mr.V.Veluchamy Additional Government Pleader for R2 and R3
ORDER
This Writ Petition is filed seeking to issue a Writ Mandamus directing
the 1st respondent to consider the petitioner's representation dated 09.02.2017
and take appropriate steps, including providing access to the petitioner's lands
and build a wall separating the Truck Lay-By from the petitioner's lands, within a time bound manner, preferably within a period of four weeks.
for the extension of National Highways and since a compound wall was
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constructed, there is no access to the petitioner's land. Therefore, the petitioner has made a representation to the respondent to give access to his land and since there is no action, the present writ petition is filed.
for the petitioner to take steps to get a private land to access his land. Consequently connected Miscellaneous Petition is closed. There shall be no
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order as to costs.
06.12.2023
ksa-2 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No
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To
Chennai - 600 032, Tamil Nadu
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W.P. No.10726 of 2017
P.VELMURUGAN. J.
Ksa-2
W.P. No.10726 of 2017
06.12.2023
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2 issues framed by the court
Whether the High Court should direct the National Highways Authority of India to provide access to the petitioner's land cut off by a compound wall.
Whether the petitioner's request to build a wall separating a Truck Lay-By from his lands should be enforced under Article 226.
1 provisions across 1 enactments
G.V.R.K.Raju
Project Director, Project Implementation Unit National Highways Authority of India
District Revenue Officer (LA-NH) Kancheepuram and Tiruvallur Districts
Tahsildar GST Road
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
