MEMORANDUM OF WRIT PETITION

(Under Article 226 of Constitution of India)

THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2024
R.Anbukarasi,
No-166,Sullipalayam,
Perunthurai,
Erode – 638 057 …Petitioner
Vs
The Municipalal commissioner,
Thirumurugan Poondi municipality,
Thiruppur (North)
Thriuppur. …1st Respondent

AFFIDAVIT

I, R. Anbukarasi, W/o,Ramasamy, Hindu aged about

58 years, residing at No-166, Sullipalayam,
Perunthurai, Erode – 638 057, do hereby solemnly
affirm and sincerely state as follows:

1. I am the petitioner herein and I am well

acquainted with the facts of the case I am filing

this affidavit.

2. I Submit that, I am the absolute owner the

land in Survey no.111/3B, 4B and 114/4 of 7989 sq.m

situated at Rakkiyapalayam village, Thiruppur

district, vide registered sale deed bearing Document

No. 7299/2020 and 7336/2020.

 3. I submit that, the 30 feet public road

adjacent to my land, bearing Survey No. 114/4A,

111/5, 111/6, 111/7 and 111/10, has been used as

access road for the past 30 years. As per the

judgment of the District Court of Avinasi in

O.S.No.169/2005 the said road is a public road and

the owner of the said land has been decided to use it

as a public road. The above said road has been used

by the residents of Umaiyal Chavadipalayam Natham for

more than 30 years. Also the road connects to Salem

to Cochin bypass road via Devarayapalayam link road.

4. I submit that, in this situation I decided to

convert my lands into residential plot and approached

the authorities for approval for my lands. Also, as

the said road is a public road based on the court

judgment and documents I have applied for the

approval before the executive officer erstwhile

Thirumurugan Poondi, special grade Town Panchayat and

submitted necessary documents dated 27.11.2020. The

erstwhile executive officer denied my request and

returned my application stating that the access road

to my property is a private land and not public road.

 5. I submit that in the mean time the said town

panchayat was upgraded to municipality and I made a

representation dated 23.06.2023 to the respondent to

declare the road as public which used by the public

and other persons for more than 30 years and even I

am ready to donate a portion of my land for the road

and approval may be given to my land. But no reply or

action taken by the respondent. Hence I have no other

alternate remedy except to approach this Hon’ble high

court under Article 226 of Constitution of India. I

have not filed any other writ petition before this

Hon’ble court for the same remedy.

Hence it is prayed that this Hon’ble Court may be

pleased to issue a writ of Mandamus or any other

appropriate writ order or direction in the nature of

writ directing the respondent to dispose the

petition/representation dated 23.06.2023 and pass

such further order and render justice.