J.Babu v. The Tahsildar

O R D E R [Order of the Court was made by M.SUNDAR, J.,] Mr.V.Sivaraman, learned counsel representing Mr.M.Ragul Kousik, learned counsel on record for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R3 and Ms.S.R.Sumathy, learned counsel for R4 are before us.

¶2Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} is taken up with the consent of both sides.

¶3Prayer in the captioned main WP is a simple mandamus qua R4 for taking steps to provide access to petitioner's property in S.Nos.114(1C2) and Page Nos.2/6 114(2C2A), situate at No.73, C.Thandeswaranallur Village, Chidambaram Taluk, Cuddalore District.

4.Ms.S.R.Sumathy, learned counsel for R4, adverting to counter affidavit of R4 dated 08.07.2025 submits that notice has been issued for 'RoE' {'Removal of Encroachment'} and steps are underway qua RoE so that access as sought for by the petitioner can be provided.

¶5Paragraph No.9 of the counter affidavit dated 08.07.2025 reads as follows: '9. I humbly submit that the concessionaire / contractor has issued a notice to the land owner / encroacher for removal of encroachments immediately from Chainage 99 + 340 RHS and also filed a police compliant vide Ref.No.HRK25318281 dated 19.06.2025.'

¶6It is made clear that all rights and contentions of noticees and / or third parties, who have been visited with notice qua RoE will stand preserved and will not be impacted by this order. In other words, RoE proceedings shall go on, on its own merits and in accordance with law and in this regard, we preserve all rights of the noticees. Let RoE proceedings which have been kick started / commenced be completed as expeditiously as Page Nos.3/6 the official business of R4 would permit but in any event, within fourteen

(14) weeks from today i.e., on or before 31.10.2025. Captioned WP disposed of as closed recording the stated position of learned counsel for R4. There shall be no order as to costs. [M.S.,J.] [K.G.T.,J.]

25.07.2025 Index : Yes / No Speaking order / Non-speaking order mk To

¶1The Tahsildar Page Nos.4/6 Chidambaram Town, Cuddalore District.

¶2The Revenue Tahsildar Chidambaram Town, Cuddalore District.

¶3The Special Tahsildar 45 A National Highways Chidambaram Town, Cuddalore District.

¶4The Project Director National Highways Authority of India Nos.28 & 29, 1st Street, Ganapathy Nagar, Arumparthapuram, Puducherry. Page Nos.5/6 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk

25.07.2025 Page Nos.6/6

2025:MHC:1856 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI J.Babu S/o.Janarthanam ...Petitioner Vs 1. The Tahsildar Chidambaram Town, Cuddalore District. 2. The Revenue Tahsildar Chidambaram Town, Cuddalore District. 3. The Special Tahsildar 45 A National Highways Chidambaram Town, Cuddalore District. 4. The Project Director National Highways Authority of India Nos.28 & 29, 1st Street, Ganapathy Nagar, Arumparthapuram, Puducherry. ...Respondents Writ Petition filed under Article 226 of the Constitution of India to Page Nos.1/6 issue a Writ of Mandamus, to direct the 4th respondent to take appropriate steps to provide access to the petitioner's property situate in S.Nos.114(1C2) and 114 (2C2A) in Non-Municipality No.73 in C.Thandeswaranallur Village, Chidambaram Taluk, Cuddalore District. For Petitioner : Mr.V.Sivaraman for Mr.M.Ragul Kousik For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 to R3 Ms.S.R.Sumathy, for R4