Writ petition challenging illegal erection of metal barricades blocking petitioner's frontage access. Court held holding authorities accountable for failure to lay service road.
Respondents directed to remove metal barricades to allow petitioner free access to Dindigul-Tiruchirapalli Highway immediately.
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(MD)No.10455 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.10455 of 2024 and
W.M.P(MD)Nos.9408 & 9409 of 2024
T.Cibi Chakraborthy
... Petitioner
Vs.
3.The Competent Authority / Highways Administration, National Highways Authority of India, Dindigul – Trichy National Highway, Tiruchirappalli.
... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order made by the second respondent in NHAI/PD/TRY/NH-83/T-D/2024/465 dated 15.03.2024 and quash the
1/4
W.P(MD)No.10455 of 2024
same as illegal and consequently direct the second respondent to remove the temporary metal barricades laid in front of the petitioner's property, obstructing the petitioner's access to the Dindigul-Tiruchirapalli highway adjoining the petitioner's property and to ensure free and unobstructed access to the petitioner within the time that may be stipulated by this Court.
For Petitioner : Mr.M.Mahaboob Athiff
For Respondents : Mr.D.Sasikumar Additional Government Pleader for R.1
Mr.C.Arul Vadivel @ Sekar Standing Counsel for R.2
Mr.P.Karthick Standing Counsel for R.3
ORDER
Heard both sides.
2.The petitioner owns the petition mentioned property which abuts
a National Highway. Originally the respondents proposed to lay a service road. But for the last 16 years, no service road has been laid. The petitioner is aggrieved by the fact that temporary metal barricades
have been erected completely locking the frontage. Photographs produced me show that such metal barricades have been removed in
2/4
W.P(MD)No.10455 of 2024
respect of the adjacent lands. If the authorities were to lay service road, as a temporary measure, may be there is some justification in putting up such metal barricades. But having failed to lay service road for more than 16 years, it is not open to the authorities to completely block the petitioner's frontage. The petitioner as owner of the land is entitled to access the main road. Having not put up any barricade in respect of the adjacent lands, the respondents are not justified in blocking the petitioner's frontage access alone.
3.In this view of the matter, the respondents are directed to remove the metal barricades laid in front of the petitioner's property which prevents the petitioner's access to Dindigul-Tiruchirapalli Highway. This shall be done forthwith and without any delay.
4.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
06.06.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No MGA
Note: Issue order copy on 07.06.2024.
3/4
W.P(MD)No.10455 of 2024
G.R.SWAMINATHAN,J.
MGA
To
The District Collector, Dindigul District, Dindigul.
W.P(MD)No.10455 of 2024 and W.M.P(MD)Nos.9408 & 9409 of 2024
06.06.2024
4/4
1 issue framed by the court
Whether the authorities are justified in blocking the petitioner's property frontage with metal barricades while failing to lay a service road for 16 years.
1 provisions across 1 enactments
T. Cibi Chakraborthy
The District Collector, Dindigul District
The National Highways Authority of India
The Competent Authority / Highways Administration, National Highways Authority of India
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
