Case Note & Summary
The appellant, Mr. Jothi Raja K, filed a writ appeal challenging the order of a Single Judge dated 12.09.2023 in W.P.No.8153 of 2022, which dismissed his writ petition. The dispute concerned agricultural land in S.No.129/4, Mudichur Village, Tambaram Taluk, Kancheepuram District. The appellant claimed that there was no approach road to his land and sought a direction to the first respondent, the Chennai Metropolitan Development Authority, to pave way for access at his cost. The respondents contended that a layout had been approved as early as 13.11.2009 under Approval No.54 of 2009, and the roads proposed therein were gifted to the local body. The enlarged map of the layout showed a road extending to Survey No.120 in Mudichur village, which provided access to the appellant's land. The Division Bench, upon perusing the records, concurred with the Single Judge that an approach road indeed existed as per the approved layout. Consequently, the court held that the writ petition was correctly dismissed. The court further observed that if there was any encroachment or obstruction, the appellant could initiate appropriate action in civil court. Accordingly, the writ appeal was dismissed without costs, while granting liberty to the appellant to approach the competent civil court to establish his right or seek removal of encroachments.
Headnote
A) Constitutional Law - Writ Jurisdiction - Existence of Approach Road - Constitution of India, 1950, Article 226 - The appellant, owner of agricultural land, alleged no approach road existed; the court found that an approved layout in 2009 included a road leading to the property. The writ petition was therefore correctly dismissed; the appellant is at liberty to seek remedy before the civil court for encroachment or to establish rights. (Paras 2-4).
Issue of Consideration
Whether the appellant's agricultural land lacks an approach road and whether the writ court could direct provision of access.
Final Decision
The Writ Appeal is dismissed. No order as to costs. The appellant is at liberty to approach the Competent Civil Court to establish his right or seek removal of encroachments.
Law Points
- Writ under Article 226 not appropriate when layout plan shows existence of access road
- remedy lies in civil court for encroachment or right of way
Case Details
2025 LawText (MAD) (02) 170
S. M. Subramaniam, K. Rajasekar
M.K.Bhoopathy Rajan, R.Sivakumar, T.Chandrasekar
1. The Principal Secretary Cum Member Secretary, Chennai Metropolitan Development Authority, 2. The Block Development Officer, Panchayat Union Office, Chitlapakkam, Chennai, 3. The Sub-Registrar Office, Padappai, Kancheepuram District, Kancheepuram
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Nature of Litigation
Writ appeal filed under Article 226 of the Constitution against dismissal of a writ petition seeking direction for provision of approach road.
Remedy Sought
The appellant sought to set aside the order dated 12.09.2023 in W.P.No.8153 of 2022 and prayed for a direction to the first respondent to pave way to his land with cost.
Filing Reason
The appellant alleged that his agricultural land in S.No.129/4, Mudichur Village, lacked an approach road, necessitating the writ petition.
Previous Decisions
The learned Single Judge dismissed W.P.No.8153 of 2022 on 12.09.2023, finding that an approved layout from 2009 provided a road to the property.
Issues
Whether the appellant's agricultural land had an approach road as per the approved layout plan.
Whether the writ remedy was maintainable for the grievance regarding lack of approach road.
Submissions/Arguments
Appellant contended that there was no approach road to his agricultural land.
Respondents submitted that the layout approved in 2009 included a road that extended to the appellant's property, thus providing access.
Ratio Decidendi
Where a layout plan approved by a competent authority demonstrates the existence of a road providing access to a property, a writ petition alleging lack of approach road is not maintainable; the appropriate remedy lies before the civil court for enforcement of rights or removal of encroachments.
Judgment Excerpts
The enlarged map of the layout and the adjacent property shows that there is a road in the layout leading to S.No.120 in Mudichur village.
The appellant is at liberty to approach the Competent Civil Court of Law to establish his right or otherwise.
Procedural History
The appellant filed Writ Petition No. 8153 of 2022 before the High Court of Madras. The learned Single Judge dismissed the petition on 12.09.2023. Aggrieved, the appellant filed the present intra-court appeal WA No. 425 of 2024.
Acts & Sections
- Constitution of India: Article 226
