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2025 Supreme(Online)(MAD) 6819

HIGH COURT OF MADRAS
N.ANAND VENKATESH, J
A.Robart Vijaiyakumar – Appellant
Versus
The District Collector, Tiruvallur District. – Respondent
Writ Petition Nos.19434 & 20671 of 2024



Advocates:
For the Appellants/Petitioners: Mr.T.N.Rajagopalan, Mr.S.Parthasarathy, SC for Mr.P.Dinesh Kumar
For the Respondents: Mr.A.Selvendran, SGP, Ms.S.Divya Preathika

Court mandates access to agricultural land post-acquisition, directing officials to facilitate ingress and egress while placing construction responsibility on landowners.

Headnote:(A) Article 226 of The Constitution of India - Writ of Mandamus - Access to agricultural land - Petitioners sought a way to access their land landlocked due to the Chennai Peripheral Ring Road Project - The Court directed the Executive Director of TNRIDC to provide access to the service road with 8 meters width and for the petitioners to lay a kacha road - The officials acknowledged the landowners' previous access and proposed to facilitate a new opening for ingress and egress. (Paras 15, 16)

(B) Access Rights - Court emphasized the necessity for landowners to have access to their agricultural lands post-acquisition, highlighting the need for practical solutions to avoid creating traffic conflicts and ensuring proper access. (Paras 10, 12)

Facts of the case:
Petitioners faced obstruction to their agricultural lands due to the construction of a wall as part of the Chennai Peripheral Ring Road Project, leading to requests for direct access to their properties from the service road.

Findings of Court:
The Court recognized the need for access and directed the officials to facilitate this while placing the responsibility for the construction on the petitioners.

Issues: The key issues were the petitioners' access to their agricultural lands and the feasibility of providing a cart track or opening in the service road.

Ratio Decidendi: The Court ruled that the Executive Director of TNRIDC must identify a location for access, ensuring the petitioners can construct a kacha road to their lands, balancing the need for access with potential traffic concerns.

Result: Writ petitions disposed of with directions.

Table of Content
1. final directive for access and construction responsibility. (Para 15 , 16)

In the High Court of Judicature at Madras Reserved on Delivered on :

18.3.2025 21.3.2025 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition Nos.19434 & 20671 of 2024 A.Robart Vijaiyakumar ...Petitioner in WP.No.19434 of

2024

1.M.Athirai

2.A.J.Attanathi

3.J.Ranganayaki ...Petitioners in WP.No.20671 of

2024 Vs

1.The District Collector, Tiruvallur District. ...R1 in both the WPs

2.The Executive Director, Tamil Nadu Road Infrastructure Development Corporation (TNRIDC), No.735, IV Floor, LLA Building, Anna Salai, Chennai-6.

(suo motu impleaded as R4 in WP.No.20671 of 2024 vide order dated 11.11.2024 by PTAJ) ...R2 in WP.No.

19434 of 2024 &

R4 in WP.No.

20671 of 2024

3.The Special District Revenue Officer, Chennai Peripheral Ring Road Project, Land Acquisition Office, Ambattur, Chennai-58. ...R2 in WP.No.

20671 of 2024

4.The Project Director, Chennai Peripheral Ring Road Project, HRS Campus, No.76, Sardar Patel Road, Guindy, Chennai-25. ...R3 in WP.No.

20671 of 2024 PETITIONS under Article 226 of The Constitution of India praying for the issuance of (i) a Writ of Mandamus directing the respondents to provide a way to the petitioner to enter into and exit his land based on the petitioner's representation dated 22.5.2024 (WP.No.19434 of 2024);

and (ii) a Writ of Mandamus directing the respondents herein to provide cart track way to reach the petitioners' agricultural land from the newly formed Chennai Peripheral Ring Road Project-Ennore to Mahabalipuram situated in S.Nos.108/1A, 108/1B, 108/3 and 113 at Krishnapuram Kandigai Village, Uthukottai Taluk, Thiruvallur District by considering their representation dated 07.5.2024 within a time frame fixed by this Court (WP.No.20671 of 2024).

For Petitioner in WP.No.19434 of 2024 : Mr.T.N.Rajagopalan For Petitioners in WP.No.20671 of 2024 : Mr.S.Parthasarathy, SC for Mr.P.Dinesh Kumar For State : Mr.A.Selvendran, SGP Ms.S.Divya Preathika, Advocate Commissioner COMMON ORDER W.P.No.19434 of 2024 has been filed by the petitioner seeking for the issuance of a Writ of Mandamus directing the respondents to consider his representation dated 22.5.2024 to provide access to him for ingress and egress to his agricultural lands situated at Kilanur Village, Tiruvallur Division and District.

2. WP.No.20671 of 2024 has been filed by the petitioners seeking for the issuance of a Writ of Mandamus directing the respondents to consider their representation dated 07.5.2024 to provide a cart track way to reach their agricultural lands situated in S.Nos.108/1A, 108/1B, 108/3 and 113 at Krishnapuram Kandigai Village, Uthukottai Taluk, Thiruvallur District.

3. Heard the respective learned counsel appearing on both sides. 4. When these writ petitions came up for hearing on 21.2.2025, this Court passed the following common order :

"Mr.S.Parthasarathy, learned Senior Counsel appearing on behalf of the petitioner in W.P.No.20671 of 2024 submitted that the crux of the issue that is involved in the present writ petition is that the agricultural lands situated in survey No.108/3 does not have an approach road from the Chennai Peripheral Road and as a result, it is completely landlocked. The learned Senior Counsel also submitted that even in the counter that was filed by the 4th respondent, the same has been admitted at paragraph 10. The learned Seniorn Counsel further submitted that the respondents are willing to provide a pathway as an access to survey No.108/3. However, considering the fact that the agricultural operations are carried out, at least a cart track must be provided to access the property.

2. Mr.T.N.Rajagopalan, learned counsel appearing for the petitioner in W.P.No.19434 of 2024 submitted that the petitioner only requires access from his agricultural lands to the service road and the same is sought to be now blocked, as a result of which, the petitioner will not even be able to use the service road which ultimately conn

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