B. Durairaj Vs Zonal Officer

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to forbear the respondents 1 to 4 or their men or agents or anybody else claiming under or through them from erecting a bus shelter in front of petitioner's building at No.8A, Sivananda Nagar, Senthil Nagar junction, Kolathur, Chennai – 600 099, on the stretch of 200 feet road leading to Madhavaram and pass orders.

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For Petitioner : Mr.Prasanth Kamaraju for Mr.P.Soundararajan For Respondents : Mr.M.Suresh Kumar Additional Advocate General Assisted by Mr.E.C.Ramesh Standing Counsel for R1 & R2

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Mr.L.S.M.Hasan Fizal Additional Government Pleader for R3 & R4 Mr.R.Kishore Kumar Government Advocate (Crl. Side) for R5

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W.P.No.41467 of 2025

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ORDER

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The petitioner has sought for a mandamus to restrain the Corporation from

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erecting a Bus shelter in front of his building bearing Door No.8A, Sivananda Nagar, Senthil Nagar Junction, Kolathur, Chennai – 99 on the 200 ft., road

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leading to Madhavaram.

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The petitioner is the owner of the property bearing aforesaid door

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number. In the said property, the petitioner’s daughter and son-in-law are

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running a clinic for the downtrodden.

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The grievance of the petitioner is that the respondents are putting up a

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Bus Shelter, obstructing his access to the Jawaharlal Nehru/200 ft. Road from Thirumangalam in Anna Nagar to Madhavaram. The petitioner had sent a representation dated 14.10.2025 raising objections to the installation of a Bus

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shelter in front of his property. Despite such objections, as the respondents 3/9

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W.P.No.41467 of 2025 continued with the said construction, he has approached this Court.

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When the matter was taken up on 06.11.2025, I noticed that there were

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no records prior to the fixation of the area in front of the petitioner’s property for a Bus shelter. Hence, I directed the respondents to conduct a survey of the area

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and find out if there are any other suitable location than the one proposed.

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Mr.M.Suresh Kumar assured this Court that an inspection would be

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conducted over the weekend and sought for the matter to be listed today.

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When I took up the matter today, Mr.M.Suresh Kumar produced a

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report along with a detailed plan. As per the report, the existing Bus shelter is situated to the west of the petitioner’s property. As a means to prevent pedestrians from crossing the Jawaharlal Nehru/200 ft road, a Foot-Over Bridge

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came to be constructed over the area where the old Bus stand was located. This

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necessitated the Bus shelter to be shifted to another location.

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The plan also shows that the distance between the earlier Bus shelter

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and the present one is about 680 mts. The next Bus shelter from the proposed

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W.P.No.41467 of 2025 one is about 530 mts away. Furthermore, the site inspection report also points

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out that the distance between the proposed Bus shelter and the commencement

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of the petitioner’s property is about 7 mts or 22 ft.

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The photographs annexed along with the report show that to the north

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of the proposed Bus shelter, the area is barricaded with steel railings. This implies that even if the passengers were to alight at the proposed Bus shelter, they will not have direct access to the property of the petitioner. They would necessarily have to enter either through the opening at Sivanandanagar 2^nd street

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or Sivanandanagar 1^st street, in order to access the petitioner’s building.

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As the shifting was necessitated by the construction of Foot-Over Bridge and also to find an ideal location between the previous Bus shelter and the subsequent one, the identification of the area cannot be said to be arbitrary or

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improper. As the distance between the proposed Bus shelter and the petitioner’s property is close to about 22 ft., the access of the petitioner is also not totally

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blocked.

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W.P.No.41467 of 2025

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As pointed out above, there is a steel barricade between the Bus

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shelter and the petitioner’s property. Therefore, the existence of the Bus stand will not in any manner affect the ingress or egress of patients or customers or the other occupants of the petitioner’s building.

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In light of the above discussion, I do not find any merits in this Writ Petition. The Writ Petition stands dismissed. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.

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11.11.2025

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Index : Yes / No Neutral Citation : Yes / No

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ms

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W.P.No.41467 of 2025