Writ petition directed to municipality to lay road treated as public. Dismissed because plaintiff in pending civil suit claims title, making a public road declaration inappropriate before civil court decides ownership.
Writ petition dismissed to avoid infringing rights of litigant in pending civil suit regarding title.
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WP No. 49362 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-01-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
WP No. 49362 of 2025
S.Amarajothi
..Petitioner
Vs
The Commisisoner, Namakkal Municipal Corporation, Office of the Municipal Corporation, Tiruchengode Road, Namakkal.
..Respondent
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to provide the basic amenities such as metalled road, drainage facilities, etc, treating the Eastwest 22 feet width layout road abetting on the western side of the petitioner’s property situate in K.S.Karuppannan Nagar, Mohanur Road, Namakkal Town, comprised in Survey No.25/2B1, as it is public road which deemed to be vested with the Respondent by considering the petitioners representation dated 27.10.2025 in the light of the order dated 30.4.2021 passed by this Court in WA.Nos.340 of 360 of 2019 within the stipulated time.
For Petitioner: Mr. S.Senthil For Respondent: Mr.M.Rajamathivanan Standing Counsel
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WP No. 49362 of 2025
ORDER
This Writ Petition has been filed seeking a direction to the respondents herein to provide the basic amenities such as metalled road, drainage facilities, etc, treating the East-west 22 feet width layout road abetting on the western side of the petitioner’s property situated in K.S.Karuppannan Nagar, Mohanur Road, Namakkal Town, comprised in Survey No.25/2B1, as it is public road which deemed to be vested with the Respondent by considering the petitioner’s representation dated 27.10.2025 in the light of the order dated 30.4.2021 passed by this Court in WA.No.340 of 360 of 2019 within the stipulated time.
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WP No. 49362 of 2025
Counsel to get instructions as to why Namakkal Municipality is not laying the road over the public pathway. Mr.Rajamathivanan, sought for time and I listed the matter today.
produced the plaint in O.S.No.605 of 2022 on the file of Principal Subordinate Judge at Namakkal. The suit has been filed by one Mr.S.Babu claiming that the property situated in S.Nos.25/1, 25/2 and 25/3 belongs to him by virtue of the compromise that had been entered into in O.S.No.165 of 1989, on the file of the Subordinate Judge at Namakkal. The plaint seeks an injunction restraining the Namakkal Municipality from laying a road over the property, which belongs to the plaintiff. Mr.Rajamathivanan states that when the civil suit is pending , especially one relating to title and in which an application is pending for grant of injunction, it will not be proper on the part of the Municipality to proceed further.
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WP No. 49362 of 2025
might not be proper on the part of this Court to direct the respondents to lay the road. Such a direction will be indirectly infringing the constitutional right of the plaintiff. Therefore, I am not inclined to grant the relief sought for by the petitioners. Hence, this Writ Petition is dismissed. No costs.
19-01-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No arr
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WP No. 49362 of 2025
V.LAKSHMINARAYANAN, J.
arr
WP No. 49362 of 2025
19-01-2026
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WP No. 49362 of 2025
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WP No. 49362 of 2025
To
The CommisisonerNamakkal Municipal Corporation, Office Of The Municipal Corporation Tiruchengode Road, Namakkal
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2 issues framed by the court
Whether a writ directing a municipality to lay a road can be issued in public road dispute where title is disputed and an injunction is pending.
Whether it is proper for a High Court to direct a municipality to lay a road when title to the land is in dispute in a civil suit.
S. Amarajothi
The Commissioner, Namakkal Municipal Corporation
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
