High Court · 2025

WP No. 11581 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22-08-2025CORAMTHE HONOURABLE MRS.JUSTICE N. MALAWP No. 11581 of 2025ANDWMP NO. 13085 OF 2025,WMP NO. 13083 OF 20251. S.SivanandamS/o.Shanmugasundaram, No.71, S.K.S. Kamatchi Nagar Extn, Arisiperiyankuppam, Cuddalroe-607 401.Petitioner(s)Vs1. The District CollectorCuddalore District, Cuddalore-1.2.Additional Collector / Project DirectorDistrict Rural Department, Cuddalore.3.The Block Development Officer,Cuddalore Panchayat Union, Cuddalore-1.4.Regional Development OfficerCuddalore Panchayat Union, Cuddalore.Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025PRAYERWrit petition filed under Article 226 of the Constitution of India prauying for issuance of a writ of ceriorarified mandamus, calling for the records of 3rd respondent viz., impugned letter dated 14.03.2025 vide Na.Ka. No.A6/ 918/ 2025 and quash the same as illegal and invalid and direct the respondents to remove the construction put up for bus shed in front of the petitioners house plot No.4 bearing survey number 140/ 7A1A at Cuddalore-Thirukkovilur-Anaikkattu Road, (Balur-Cuddalore main Road) (Mile Stone 7/2) Dr.A.P.J. Abdul Kalam Nagar, Billali Village, Nellikuppam Taluk Cuddalore District which is obstructing the ingress and egress to the petitioners propertyFor Petitioner(s):T.S.BaskaranFor Respondent(s):Mrs.CMeera Arumugam, AGP For RR1 And 2Mr.M.Suresh Kumar, AAG assisted by M/s.A.Bakkiyalakshmi, GA for RR 3 and 4ORDER(1)With the consent of the learned counsels on either side, the main writ petition is taken up for final disposal.(2)The writ petition is filed challenging the impugned letter dated 14.03.2025, to quash the same and to further direct the respondents to remove the bus https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025shed constructed in front of the petitioner's house plot No.4, in S.No.140/ 7A1A at Cuddalore-Thirukkovilur-Anaikkattu Road, Dr.A.P.J. Abdul Kalam Nagar, Cuddalore District.(3)The petitioner purchased the subject plot measuring 1653 sq.ft., under the registered Sale Deed dated 23.03.2022. The petitioner further states that the Assistant Director of Town and Country Planning, Cuddalore, in his proceedings dated 28.06.2019, on payment of necessary charges, approved the layout regularisation for the petitioner's plot along with plot Nos.1 to 3 and 6 to 8 in the said Dr.A.P.J.Abdul Kalam Nagar. The petitioner decided to construct a house in his aforesaid vacant plot by availing loan. However, when the petitioner visited his plot on 04.03.2025, he was shocked to notice that the respondents were constructing the new bus shelter in front of his plot, blocking the ingress and egress to his plot from the Highway. The petitioner, therefore submitted a representation to the respondents 3 and 4 and to the 1st respondent on 08.03.2025 and 10.03.2025 respectively. In the said representations, the petitioner requested the respondents to forthwith stop the construction of the bus shelter in front of his plot. The 3rd respondent https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025however, on 14.03.2025, by the impugned letter, rejected the petitioner's representations. Aggrieved by the impugned letter, the petitioner has filed the above writ petition for the aforesaid relief.(4)The 2nd respondent filed a detailed counter affidavit on behalf of all the respondents in support of the impugned letter. The crux of the 2nd respondent's counter is that the petitioner was very much aware that there existed a bus shelter in front of his plot. The respondents further stated that the new bus shelter under construction was made in the very same place where the old bus shelter existed. The respondents stated that a pathway of 6 feet was left in front of the petitioner's plot to enable the petitioner to access his land from the State Highway. The respondents further submitted that as the existing bus shelter at Thiruvanthipuram – Palur Highway Road, Otteri Village, was in dilapidated condition, in the interest of the public, the same was demolished after getting administrative sanction on 27.12.2024, from the District Collector, for construction of the new bus shelter at the cost of Rs.9 lakhs. The respondents further submitted that there were no merits in the writ petition and the same deserved to be dismissed. https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025(5)Learned counsel for the petitioner submitted that an illusory extent of only 6 feet for ingress and egress to the petitioner's plot. Learned counsel further contended that the petitioner, with a mere 6 feet frontage to his plot, is effectively precluded from constructing a dwelling house, as no sanctioning authority would grant approval for such a plan. The learned counsel therefore submitted that as the construction of the bus shelter interfered with the petitioner's right to enjoyment of his property, the writ petition should be allowed and the bus shelter should be removed.(6)The learned Additional Advocate General appearing for the respondents submitted that the bus shelter was constructed in the interest of the general public and that, when public interest is pitted against vested interest, public interest should prevail. Learned Additional Advocate General further submitted that the bus shelter was in close proximity to residential areas and various schools and colleges, and that more than 100 students and the general public commuting to Cuddalore, used the bus shelter, The learend Additional Advocate General submitted that as the existing bus shelter was dilapidated and needed immediate demolition, the sanction of the Collector https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025for construction of a new bus shelter at an estimated cost of Rs.9 lakhs was obtained on 27.12.2024. The learned Additional Advocate General submitted that if the project is derailed, then large number of public, would be affected and therefore, prayed that the writ petition may be dismissed as meritless.(7)Heard both sides and perused the materials available on record.(8)The facts of the case are undisputed and to avoid prolixity, the facts are not traversed. The issue is whether the construction of the bus shelter in front of the petitioner's property affects his right of enjoyment of the property. The records reveal that the petitioner's land is abutting the Highway and the original frontage on the Highways side, was 29.75 feet. After the construction of the bus shelter, the frontage of the petitioner's land was drastically reduced to six feet. As rightly contended by the learned counsel for the petitioner, the six feet passage left for ingress and egress to the petitioner's property is illusory and even the authorities may not approve the construction in the said plot.(9)The Court, after hearing the parties at length, passed orders on 12.08.2025 and thereafter, posted the matter for clarification on 22.08.2025. https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025(10)When the matter was taken up for clarification on 22.08.2025, the learned Additional Advocate General for the respondents submitted that he would advise the respondents to increase the frontage to the petitioner's property by removing a section of the bus shelter.(11)The learned counsel for the petitioner submitted that if one section of 9 feet was removed on the side of the existing frontage of six feet, the petitioner would have 15 feet frontage and that he would in turn, convince his client to accept the proposal.(12)The matter was therefore, passed over for instructions and subsequently, the learned Additional Advocate General, submitted that a portion of the bus shelter measuring 9 feet on the side of the six feet frontage, would be removed to enable the petitioner to have 15 feet frontage for ingress and egress to his property.(13)The learned counsel for the petitioner submitted that his client agreed for the proposal and that his client consented for 15 feet frontage.(14)In view of the consensus arrived at between the parties, a direction is issued to the respondents to remove one portion of the new bus shelter measuring 9 https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025feet on the side of the existing 6 feet frontage so as to enable the petitioner to have a frontage of 15 feet for ingress and egress to his property. The respondents are directed to remove the aforesaid portion of 9 feet of the bus shelter near the existing six feet frontage, within a period of four weeks from the date of receipt of a copy of this order.(15)The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.22-08-2025APIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025To1.The District CollectorCuddalore District, Cuddalore-1.2.Additional Collector / Project DirectorDistrict Rural Department, Cuddalore.3.The Block Development Officer,Cuddalore Panchayat Union, Cuddalore-1.4.Regional Development OfficerCuddalore Panchayat Union, Cuddalore. https://www.mhc.tn.gov.in/judis WP No. 11581 of 2025N.MALA J.APWP No. 11581 of 2025AND WMP NO. 13085 OF 2025,WMP NO. 13083 OF 202522-08-2025