High Court · 2025

W.P.(MD) No.17572 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 30.06.2025CORAMTHE HON'BLE MR.JUSTICE C. SARAVANANW.P.(MD) No.17572 of 2025andW.M.P.(MD) No.13417 of 2025P.Ramakrishnan... PetitionerVs.1.The District Collector, Sivagangai District.2.The Block Development Officer, Panchayat Union Office, Ilayangudi Taluk, Sivagangai District.3.The District Rural Development Agency, Rep., by its Assistant Planning Officer (Infrastructure), Sivagangai District.4.The Executive Officer, Salaigramam Panchayat, Ilayangudi Taluk, Sivagangai District.5.The Salaigramam Village Panchayat, Rep., by its Executive Officer,_________Page 1 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17572 of 2025 Salaigramam, Ilayangudi Taluk, Sivagangai District.... RespondentsPrayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to leave 6 meters of side and rear setback space on the western and southern sides of the proposed construction of the new bus stand in Survey No.810/11, Salaigramam Village, Ilayangudi Taluk, Sivagangai District in compliance with Rule 38E of the Tamil Nadu Combined Development and Building Rules, 2019.For Petitioner :Mr.R.RajaFor RR1 & 3:Mr.D.GhandirajSpecial Government PleaderFor RR2, 4 & 5:Mr.S.ShanmugavelAdditional Government PleaderORDERThe petitioner is before this Court for the second time. Earlier, the petitioner approached this Court in W.P.(MD) No.15546 of 2021, wherein the petitioner had prayed for a writ of mandamus to forbear the respondents, their men and agents from claiming any rights through them from any way _________Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17572 of 2025obstructing the access to the petitioner's shop situated at S.No.810/5, Salaigramam Village, Ilayangudi Taluk, Sivagangai District. The writ petition was ultimately disposed of by an order dated 07.11.2023 after granting an interim injunction in the beginning. The operative portion of the order reads as follows:“2. When the matter came up for hearing on 03.09.2021, this Court passed the following order:-“The petitioner seeks to prevent the respondents from obstructing his access to Shops situated at S.No.810/5, Salaigramam Village, Ilayaangudi Taluk, Sivagangai District.2. The petitioner states that he is the owner of the property bearing Survey No.810 / 5 and that his mother purchased the property in 1964. Subsequently, he inherited the property under a Will executed by his mother. According to the petitioner, Survey No.810 /11 is on the Eastern boundary of his property. Such property is classified as Sarkar Poromboke in the revenue records and there is a bus stand functioning therein. It is stated that the only access to the petitioner's shop is through the pathway situated on the Eastern side. The grievance of the petitioner is that the fifth respondent has endeavoured to obstruct his access to the shop even without conducting a proper survey.3. The grievance canvassed by the petitioner would be resolved only if a survey is undertaken both of the property bearing Survey No.810/5 and the property bearing Survey No.810/11 so as to fix the boundaries of the respective properties _________Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17572 of 2025on such basis. Accordingly, the third respondent herein is directed to take necessary steps for the conduct of such survey. The said exercise shall be completed within a period of two (2) weeks from the date of receipt of a copy of this order.4. Let the matter appear on September 17, 2021.5. In the meantime, the respondents are restrained by an order of interim injunction from obstructing the petitioner's access to his shops.”3. When the matter was taken up for hearing today, the learned Additional Government Pleader produced the written instructions received from the Village Administrative Officer along with the sketch. On going through the same, it is seen that in obedience to the order passed by this Court, a survey was conducted and it is made clear that the four feet pathway that is claimed by the petitioner will not be obstructed and the petitioner will have a free access to the shops at Survey No.810/5. For proper appreciation, the relevant portion in the report is extracted hereunder:“kDjhuh; tof;F njhlug;gl;l ej;jk; GykhdJ rhiyf;fpuhkk; tUtha; fpuhkk; Gy vz;: 348/3 tp];jph;zk; 8.33.5 n`f;Nlh; muR Gwk;Nghf;F rhiyf;fpuhkk; fp;uhk ej;jk; vd epyxg;gil Nkk;ghl;L jpl;lk; (UDR) “m” gjpNtl;by; jhf;fyhfp te;j epiyapy; Nkw;fz;l Gyj;ij ej;jk; kidaplkhf (gpupTfshf) kidaplq;fshf cl;gphpT nra;ag;gl;L gl;lh toq;fg;gl;Ls;sJ.NkYk; kDjhuh; tof;F njhlug;gl;l ej;jk; GykhdJ ej;jk; Gy vz; : 8105 tp];jpu;zk; 0.07.75 rkP ej;jk; kidaplkhdJ ej;jk; gl;lh vz;:81y; nghd;Dr;rhkp kfd; ,uhkfpU\;zd; vd;gth; ngaupy; fpuhkf;fzf;fpy; jhf;fyhfp tUfpwJ. NkYk; _________Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17572 of 2025Nkw;gb kDjhuh; ej;jk; Gy vz;: 810/5 tp];jpu;zk; 0.07.75 kidaplj;jpy; tPL fl;bAk; tzpf tpahghuj;jpd; Nehf;fkhf rpwpa filfs; fl;bAk; trpj;J tUfpd;whh;. NkYk; kDjhuhpd; kidaplj;jpw;F fPo;Gwk; (fpof;F) Gy vz;/810/11 tp];jpu;zk; 0.07.7;.94 r.k{ (r.Gwk;) gug;gstpy; NgUe;J epiyak; mike;Js;sJ. NkYk; Nkw;gb NgUe;J epiyak; vd jhf;fyhfp tUk; Gyj;jpd; ,lj;jpy; rhiyf;fpuhkk; Cuhl;rp eph;thfk; MdJ> Ntyp mikj;J NgUe;J epiya ,lj;ij ghJfhg;gjhf;F jil Nfhhpajhf tprhuizapy; njhpa tUfpwJ vd;gij gzpTld; njhptpj;Jf;nfhs;fpNwd;.”4. In view of the above, the apprehension raised by the petitioner has been sufficiently redressed and the petitioner will have free access from the four feet pathway to his shops at Survey No.810/5.5. This Writ Petition is disposed of in the above terms.”2. It is now the case of the petitioner that the aforesaid property was purchased by the petitioner's mother by virtue of a registered sale deed. It is submitted that the petitioner's mother also purchased another property on 21.09.1970 and thereafter, executed a registered Will in favour of the petitioner on 27.09.1993.3. It is noticed that after the petitioner's concern was redressed and _________Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17572 of 2025addressed by this Court in its order dated 07.11.2023, content of which has been extracted above, the petitioner has now approached this Court for a mandamus to direct the respondents to leave side set back area on the Western and Southern side of the construction of new bus stand in S.No.810/11, Salaigramam Village, Ilayangudi Taluk, Sivagangai District in compliance with Rule 38-E of the Tamil Nadu Combined Development and Building Rules, 2019.4. At this stage, the learned counsel appearing for the respondents submit that pursuant to the order passed by this Court on 07.11.2023 in W.P.(MD) No.15546 of 2021, the construction is nearing completion and that four feet gap has been left as per the order of the Court between the petitioner's property and the new construction that has been put up by the respondents.5. Having considered the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, I am of the view that the writ petition has become infructuous at this stage, in view of the fact that the entire civil work is complete and only the finishing work is _________Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17572 of 2025required to be done as on the date. In case, the petitioner is convinced that the building/shopping complex put up by the respondents is contrary to Rule 38-E of the Tamil Nadu Combined Development and Building Rules, 2019, the petitioner may initiate proceedings before the competent civil Court for enforcing Rule 38E of the said Rules.6. This Writ Petition stands dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.30.06.2025NCC : Yes/NoIndex : Yes/NoInternet : YesABRTo1.The District Collector, Sivagangai District.2.The Block Development Officer, Panchayat Union Office,_________Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17572 of 2025 Ilayangudi Taluk, Sivagangai District._________Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17572 of 2025C. SARAVANAN , J. ABR3.The Assistant Planning Officer (Infrastructure), District Rural Development Agency, Sivagangai District.4.The Executive Officer, Salaigramam Panchayat, Ilayangudi Taluk, Sivagangai District.W.P.(MD) No.17572 of 20255.The Executive Officer, The Salaigramam Village Panchayat, Salaigramam, Ilayangudi Taluk, Sivagangai District.30.06.2025_________Page 9 of 9