IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.10.2024 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.30994 of 2023 and W.M.P.Nos. 30630, 30632 & 30633 of 2024 P.Dinesh rep. by its power agent P.Mohana .... Petitioner Vs

1.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat, Rajaji Salai, Chennai – 600 009.

2.The District Collector, Ranipet District, Ranipet.

3.The Tahsildhar, Arakkonam Taluk, Ranipet District.

4.The Commissioner, Arakkonam Municipality, Arakkonam, Ranipet District. .... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the third respondent his proceedings in Mu.Mu.B1/1776/2023 dated 10.07.2023 and imputned Tender Notification in Se.Ma.Tho.E./5539/Oppanthapulli/2023, dated Nil and quash the same as being illegal, arbitrary, unconstitutional and consequently direct the respondents to maintain the said Battai Poromboke Land in T.S.No.37 of Arakkonam Town Survey, Arakkonam Town, Arakkonam Taluk, Ranipet District as the same in front of the petitioner's land alone to reach Tandhi (Tiruthani) Road.

For Petitioner : Mr.M.Stalin For R1 to R3 : Mr.V.Manoharan Additional Government Pleader For R4 : Mr.L.P.Maurya Standing Counsel

ORDER

This Writ Petition has been filed challenging the order dated

10.07.2023, thereby rejected the request made by the petitioner for issuance of No Objection Certificate to use the land comprised in Block No.4, T.S.No.35/1, which is classified as Battai Poromboke land situated at Arakonnam as a road.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner owned a vacant plot comprised in old S.F.No.344/1 and S.F.No.258/2D, Arakkonam Town, Ward-B, Block No.4, T.S.No.35/1 situated at Door No.9, Gandhi Road, Arakkonam- Tiruthani Road, Arakkonam Taluk, to an extent of 1170 sq.ft. Subsequently, he had executed a settlement deed in respect of the subject property in favour of his sister viz., D.Divya. In turn the said D.Divya had executed a settlement deed in favour of the petitioner in respect of the property, which was purchased by the petitioner. Accordingly, the petitioner and his sister had mutually exchanged their properties for suit their convenience. In between the petitioner's land and road, there is a land, which is classified as battai poromboke, which serves as an access road to the petitioner's property. The access road is situated in T.S.No.37 and it is classified as Battai Poromboke.

4. In fact, the petitioner filed a writ petition before this Court in W.P.No.9817 of 2017 to remove the encroachers in the said land. Thereafter, the encroachers were removed by the respondents. The petitioner submitted an application for planning permission. However, it was returned on the ground that the petitioner failed to produce the patta. After enclosing the patta, once again, the petitioner re-submitted the application for planning permission. The fourth respondent directed the petitioner to obtain No Objection Certificate from the third respondent for using the land which is situated in front of his plot as a road to access his house. Therefore, the petitioner submitted an application seeking No Objection Certificate for using the Battai Poromboke land situated in S.F.No.37 as a road. The said request was rejected by proceedings dated 10.07.2023 on the ground that the said land is going to be utilized for the construction of a Primary Health Centre. Already a proposal was sent and a tender notification for construction of Primary Health Centre was also floated.

5. The petitioner would submit that there is no access from his plot to the main road. The subject land is classified as Battai Poromboke and it can only be used as a road. This classification cannot be changed for the construction of a Primary Health Centre. The petitioner also produced photo