P.S. Maheswari vs The Secretary to the Government, Highways Department and Others

D. Hariparanthaman, J.—The petitioner filed the present writ petition praying for a direction to forbear the respondents from in any way

interfering with the peaceful possession and enjoyment of the Land situated in Thiruporur Panchayat, Chengalput Taluk, Kancheepuram District.

Notice of motion was ordered. The fifth respondent has filed an affidavit to implead him as a party stating as follows:

I submit that the 4th Respondent in the Writ Petition has proposed to construct a 100 MLD Seawater Desalination Plant near Nemmeli in the

East Coast Road and lay transmission mains for conveying the product water to the Chennai City distribution system. The pipelines are being laid

in the Right of Way (RoW) of the East Coast Road, after 4th Respondent in the writ petition obtained necessary permission from the petitioner/5th

Respondent in this regard. Since the lands in S. No. 99/8C1A1 and S. No. 102 of Muttukadu Village, Chengalpattu Taluk, Kancheepuram

District, which are covered by the prayer in the writ petition, fall within the Right of Way of East Coast Road, the petitioner/proposed 5th

respondent has to protest its interests in those items of land, which were lawfully acquired under the Land Acquisition Act, 1894 and handed over

to the petitioner/5th Respondent. Hence, it is necessary that the petitioner/5th respondent is impleaded as a necessary party in the above writ

petition.

While the petitioner claims that the land in issue belongs to him, the fifth respondent claims that the lands are in his possession and those lands

were handed over to them by the Revenue Authorities of State of Tamil Nadu.

In these circumstances, the petitioner still has any grievance, he should approach the competent Civil Court to establish his title over the

property. Therefore, the writ petition fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.