The court emphasized the importance of material evidence and the proper forum for resolving contentious points and facts.

R.Banumathi, J.

This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus calling for the records of the Second Respondent vide k/m/5-e/f/vz;/m6-6192-2003; and m3-2547-2003, dated 09.10.2003 and to quash the same and consequently to direct the Respondents to form a pucca road as per the original Revenue Records and Corporation Records connecting New Avadi Road and Taylor’s Road (via) Valiammal Street.

2. The averments in the Petition, which led to the filing of the present Writ Petition could briefly be stated thus:-

The Petitioner is the Secretary of Alagappa Nagar Residents Welfare Association. The Petitioner and public are using Umayal Street and Valliammal Street. The Respondents have been treating the Eastern End of Valliammal Street, after Umayal Street, behind P & T Quarters of Alagappa Nagar, Kilpauk as a waste dump yard, contra to what is notified in the Corporation and Revenue Records. After the Postal and Telecom Quarters have come up, certain persons seemed to have conspired to encroach the Eastern End and managed to close the road by extending the compound wall across the road. Now, the Corporation has allowed the site to be used as a dump yard for garbage, debris and waste. The Association has sent several representations to the various level officers to the Corporation and Pollution and Environmental Authorities and also to the Government. On the direction of the Corporation only, the debris and rubbish had been removed, but no step has been taken to form the road as per the Original Revenue Records and Corporation Records. The Petitioner has requested the Corporation Authorities to make that portion of the road, till the Compound Wall of P & T Quarters as a temporary measure and to extend the road as per the Original Revenue Records and Corporation Records after removing the encroachments made by the P & T Quarters. But, the request of the Petitioner has been declined as not possible by the impugned letter and hence, the Petitioner has filed this Writ Petition for issuance of a Writ of Certiorarified Mandamus for a direction to form the road as aforesaid.

3. Learned counsel for the Petitioner has contended that it is the prime duty of the Respondents to ensure that the road land is made to a pucca road, which would link the New Avadi Road and Taylor’s Road (Via) Valliammal Street and Umayal Street in between P & T Quarters. Opposing the act of the Respondents, it is contended that the act of the Respondents in attempting to convert the road land for some other purpose, which is contrary to the Revenue and Corporation Records is against the Public Interest which would amount to gross abuse of process.

4. We have carefully considered the submissions of the learned counsel appearing for the Petitioner and perused the entire materials available on record.

5. From the Plan produced, it is seen that Valliammal Street is on the Northern Side. Alagappa Nagar residential houses are on the Southern side. The site, which the Petitioner seeks for formation of the road is on the Eastern Side edge. We may straight away point out that absolutely there is no material showing that the Eastern Side space is the site left for the road as per the Revenue and Corporation Records. The Petitioner has not produced any material evidencing that the Petitioner has right to claim the formation of the road in such vacant space.

6. By the impugned letter dated 09.10.2003, the Second Respondent has informed the Petitioner that the formation of new road to Taylor’s Road from the junction of Umayal Street and Valliammal Street in Alagappa Nagar is not possible. In the same letter, the Second Respondent has stated that the road workers of Division 70 have removed the thorny shrubs and bushes and the dumps of sand levelled the vacant road land had also been removed. Though the Corporation has clearly declined the request of the Petitioner’s right for formation of new road by the impugned letter, the Petitioner