Case Note & Summary
The writ appeal arose from the dismissal of a writ petition by a Single Judge of the Madras High Court. The appellant, owner of agricultural land in Survey No.129/4, Mudichur Village, Tambaram Taluk, sought a direction to the Chennai Metropolitan Development Authority to provide an approach road to his land. The Single Judge, after examining the layout approval No.54 of 2009 and the accompanying map, held that an approach road already existed, as the plan depicted a road leading to Survey No.120 adjacent to the appellant's property. The roads in the layout had been gifted to the local body as early as 13.11.2009. Dissatisfied, the appellant filed the intra-court appeal. The Division Bench, after perusing the records, concurred with the Single Judge's factual determination that the respondents had successfully established the existence of an approach road. The court emphasized that if the appellant had any grievance regarding encroachment or lack of access, the proper remedy was to institute appropriate proceedings before the civil court to establish his rights. Finding no error in the impugned order, the Division Bench dismissed the appeal, granting liberty to the appellant to take recourse to civil remedies. No costs were awarded.
Headnote
A) Constitutional Law - Writ Jurisdiction - Approach Road - Factual Determination - The appellant claimed no approach road to agricultural land comprised in S.No.129/4, Mudichur Village; the Single Judge found from layout approval No.54 of 2009 and enlarged map that an approach road exists leading to S.No.120; in intra-court appeal, the Division Bench held that such finding of fact based on official records should not be disturbed and any further grievance regarding encroachment or right of way must be pursued before the competent civil court; appeal dismissed with liberty. (Paras 2-5)
Issue of Consideration
Whether the appellant's agricultural land lacks an approach road, and whether the writ court's finding of fact should be interfered with.
Final Decision
The writ appeal is dismissed. The court held that the Single Judge correctly found an approach road exists. If encroachment or rights are disputed, the appellant may approach the civil court. No costs.
Law Points
- Finding of fact based on layout approval and map showing approach road is not disturbed in intra-court appeal
- remedy for encroachment lies before civil court
- writ jurisdiction not appropriate for disputed factual claims of lack of access
