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WP No. 21633 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026

CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

W.P No. 21633 of 2023 and

WMP.Nos.21007 and 21008 of 2023

R.Gopinath S/o.Ramasamy, No.4/15, Kudi Street,

Malaiveppankuttai, Utirakidi, Senthamangalam, Namakkal District- 637 404.

..Petitioner(s)

Vs

1. The Secretary To Government Highways And Minor Ports Department, Fort

St. George, Chennai- 600 009.

2. The Chief Engineer Highways Department, Chepauk,

Chennai- 600 005.

3. The District Collector Namakkal District.

4. The Special District Revenue Officer (ep.V.M)

Chennai- Kanyakumari Industrial Coridor Project, (CKLCP), Plot No.74, Vijaya

Ragavan Nagar, Jagir Ammapalayam, Salem District- 636 302.

5. The Divisional Engineer, Highways Department Chennai - Kanyakumari Industrial Coridor

Project, (CKLCP), Salem District.

6. The Assistant Engineer, Highways Department,

Chennai- Kanyakumari Industrial Coridor Project, (CKLCP),

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Salem District- 636 302. 7. The Special Tahsildar

Chennai- Kanyakumari Industrial Coridor Project, (CKLCP),

Salem District- 636 302.

..Respondents

Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the respondents to remove the wall constructed in front of the Petitioner patta land over the underground bridge and also direct to give way to ingress and egress to the petitioner patta land situated at Survey No.20/3D3B, Namakkal District, Kalappa Naickenpatty

to the extent of acre 0.10 cent bearing Patta No.1427.

For Petitioner: Mr. E.Manikandan for Mr.R.Ravichandran

For Respondents: Mr.C.Gowthamaraj Government Advocate

ORDER

This Writ Petition has been filed seeking a direction to the respondents to

remove the wall constructed in front of the Petitioner’s patta land over the underground bridge and also direct to give way to ingress and egress to the petitioner’s patta land situated at Survey No.20/3D3B, Namakkal District,

Kalappa Naickenpatty to the extent of acre 0.10 cent bearing Patta No.1427.

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2. The learned counsel appearing for the petitioner would submit that the

petitioner purchased his land on 17.04.2008 and subsequently obtained patta on 2011 and thereafter, the respondent acquired the petitioner’s land of 40 sq.mtr on 10.02.2021 and the remaining 9 cents of land was left with the petitioner. The petitioner submitted a representation dated 06.08.2022 to the respondents not to construct any wall infront of his land for the reason that it will affect the petitioner’s ingress and egress of the petitioner’s land, despite the same, the respondents constructed the wall infront of his land in the year 2022. Hence,

this petition.

3. The learned Government Advocate appearing for the respondents

would submit that the 4^th respondent has acquired an extent of 41 Sq.meters of the land, for which an Award has been passed on 10.02.2021 and the compensation has also been disbursed to the petitioner. Further, he would submit that a parapet wall has been constructed infront of the petitioner’s land for approximately at the midpoint of 52 feet road frontage and 23 feet width of land is available diagonally on one side of the culvert for entry and exit of heavy vehicles freely from the petitioner’s land. That apart, there is an average width of 18 feet land belonging to the Highways Department between the Petitioner’s land and the parapet wall which can be used for accessing the petitioner’s patta land and the petitioner can easily access from the road on either side of parapet wall to his vacant land without hindrance. He has also

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WP No. 21633 of 2023

produced the sketch to that effect.

3.1.Further he would submit that parapet