M.Athirai Vs the District Collector

Memorandum of Grounds of Review Application filed under Order XLVII, Rule 1 read with Section 114 of the Code of Civil Procedure to review the order dated 21.03.2025 passed in W.P.No.20671 of 2024.

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For Review Mr.S.Parthasarathy Applicants : Senior Counsel for Mr.P.Dinesh Kumar For Respondents : Mr.A.Selvendran Special Government Pleader Ms.Divya Pretika Advocate Commissioner

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ORDER

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This review application has been filed to review the order dated 21.03.2025 passed in W.P.No.20671 of 2024.

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When the matter was taken up for hearing on 18.08.2025, this Court passed the following order:-

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“The main ground that was urged by the learned Senior Counsel appearing on behalf of the petitioners is that the Advocate Commissioner while submitting the report has made it clear in paragraph No.14 that the road project will be completed after 1 ½ years and till such time, the officials as well as the contractors will make some interim arrangements for the petitioners to reach their agricultural land. After completion of the project, the petitioners will have to lay a kacha road to reach their

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https://www.mhc.tn.gov.in/judis

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REV.APLW No. 159 of 2025

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agricultural land from the service road.

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The learned Senior Counsel by pointing out to this observation made in the report, submitted that the writ petition was disposed of by issuing directions with respect to laying of kacha road after completion of the project. Whereas, the interim arrangement was not dealt with as was suggested by the Advocate Commissioner, till the completion of the project.

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The learned Additional Advocate General appearing on behalf of the respondents shall take instructions in this regard and inform this Court as to the interim arrangements that can be made to enable the petitioners to reach their agricultural land.

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This Court is inclined to deal with this Review application only on this limited issue.

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Post the case on 01.09.2025 at 02.15 P.M.”

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When the matter is taken up today for hearing, the learned Special Government Pleader appearing on behalf of the respondents produced the written instructions received from the Divisional Engineer of Tamil Nadu Road Infrastructure Development Corporation, Chennai along with the photographs of the present status of the service road. The relevant paragraph is extracted hereunder:-

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“During the Advocate Commissioner's inspection, it was reported that the entire project will be completed within 1½ years. However, the present status is that, the service

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https://www.mhc.tn.gov.in/judis

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REV.APLW No. 159 of 2025

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road portion adjacent to Petitioner's land is completed (Photo attached) and that this service road is connected to nearby village roads that exist on both sides of the Petitioner's land and Petitioner can now access the service road by laying a ramp in his/her land. No interim arrangements shall require to be made from TNRIDC side as on date and the Petitioner can lay a Kutcha road in his land as per the orders of the Hon'ble High Court in W. P. No: 20671/2024 and get connected to the nearby village roads.”

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In the light of the above development, wherein the service road has already been laid, this Court reiterates the earlier direction given to the Executive Director of TNRIDC to give an opening with 8 meters width so as to enable the review applicants to have access from the agricultural lands to the service road. The learned Special Government Pleader submitted that the identification regarding the place where such access is going to be granted can be worked out by the review applicants by approaching the concerned authorities.

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