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WMP No. 48796 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-11-2025 CORAM THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN WMP No. 48796 of 2025 IN WP NO. 39955 OF 2025 K.Sameena W/o.S.Kursheeth, Pattinathammal Koil Street, Thaiyur Village, Thaiyur, Chengalpattu District-603103 & 13 others Petitioner(s) Vs S.M. Mohamed Hidayathullah S/o S.M. Sathar Fazi Enclave, Pattinathamman Koil Street, Thaiyur Village, Thiruporur Taluk, Chengalpattu District & 7 others. Respondent(s) For Petitioner(s): Ms.R.Rayeesa Fathima ORDER This miscellaneous petition had been filed by as many as 14 petitioners. It is their claim that they are neighbors of the writ petitioner, Mr.S.M.Mohamed https://www.mhc.tn.gov.in/judis
WMP No. 48796 of 2025 Hidayathullah. They plead that the property of Mr.S.M.Mohamed Hidayathullah abuts intersection of two roads and therefore, a portion of his property has to be laid out for splay purposes. They rely upon Rule 47(3) of the Tamil Nadu Combined Development and Building Rules, 2019. They plead they are interested in the litigation and hence, they have to be impleaded as parties. 2.I heard Ms.R.Rayeesha Fathima for the petitioners. 3.The case of the writ petitioner is that he is the owner of an extent of 1500 sq.ft of property. Without his consent or approval, a portion of the property has been encroached upon by laying paver block road. He is before this Court to protect his right, title and interest, as against any encroachment by the State Authorities. When a citizen wants to protect his property and that right has been guaranteed under Article 300A of the Constitution of India, his neighbors cannot come before this Court and plead that, if the petitioner enforces his constitutional right, their right to ingress and egress will be affected. The property of a citizen is a castle and no one can interfere with the same, including https://www.mhc.tn.gov.in/judis
WMP No. 48796 of 2025 the State. The State too can resort to take over the land only in accordance with law. Hence, I do not find any necessity to implead the neighbors who are willing to sacrifice the petitioner's interest for their self interest. 4.In the result, this miscellaneous petition stands dismissed. No costs.
13-11-2025 (½) krk Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis
WMP No. 48796 of 2025 To 1.S.M. Mohamed Hidayathullah S/o S.M. Sathar Fazi Enclave, Pattinathamman Koil Street, Thaiyur Village, Thiruporur Taluk, Chengalpattu District 2.The District Collector Chengalpattu, Chengalpattu District 3.The District Revenue Officer (dro) Chengalpattu, Chenglapattu District 4.The Project Director (district Rural Development Agency Chengalpattu, Chenglapattu District 5.The Tahsildar Thiruporur Taluk Thiruporur, Chenglapattu District 6.The Assistant Director, (panchayat) Chengalpattu, Chenglapattu District 7.The Block Development Officer (village Panchayat) Thiruporur, Thiruporur Taluk, Chenglpattu District 8.The Panchayat President Thaiyur Village, Thaiyur, Chenglapattu District https://www.mhc.tn.gov.in/judis
WMP No. 48796 of 2025 V.LAKSHMINARAYANAN J. krk WMP No. 48796 of 2025 IN WP NO. 39955 OF 2025 13-11-2025 (½) https://www.mhc.tn.gov.in/judis