Madras High Court
A.Sesammal vs The District Collector on 24 February, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.A.(MD)NO.7 OF 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.7 of 2022 AND
C.M.P.(MD)No.191 of 2022
A.Sesammal ... Petitioner / Appellant
Vs.
1. The District Collector,
Collectorate Office,
Tenkasi Disgtrict.
2. The Revenue Divisional Officer,
Sankarankovil,
Tenkasi District.
3. The Municipal Commissioner,
Sankarankovil Municipality,
Tenkasi District. ... Respondents / Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to
set aside the order passed in W.P.(MD)No.17774 of 2021 dated
08.12.2021 and allow this writ appeal.
For Appellant : Mr.D.Selvanayagam
For R-1 & R-2 : Mr.S.R.A.Ramachandran,
Additional Government Pleader.
For R-3 : Mr.M.Rajarajan
For Intervener : Mr.Prabha
Mr.A.K.Baskara Pandian,
Advocate Commissioner
***
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2 W.A.(MD)NO.7 OF 2022
JUDGMENT
(Order of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard the learned counsel appearing for the appellant and the
learned Additional Government Pleader appearing for the
respondents 1 and 2 and the learned counsel appearing for the third
respondent and the learned counsel for the intervener (Mariya
Sudha).
2. The appellant herein filed W.P.(MD)No.17774 of 2021 to
direct the Sankarankovil Municipality to remove the construction put
up by them. According to the appellant, the Municipality by putting
up the construction is obstructing her rights of ingress and egress.
The learned counsel appearing for the appellant as well as the
learned counsel for the intervener would submit that fortunately the
construction has been put up in such a manner so as to leave 3 feet
gap and that the appellant and the intervener may be permitted to
use the same.
3. In this appeal, the Advocate Commissioner was appointed at
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the instance of the appellant. The Advocate Commissioner had given
his report dated 19.12.2022. Paragraph Nos.4 to 9 of the said report
are as follows:-
“4. The appellant's property is located in S.No.
219/2, Ward No.8, Block 24, Sankarankovil,
Sankarankovil Taluk. The appellant's property is
having access through the 8 feet vacant
land(Government poramboke) in S.No.219/1, which is
situated on the west of the appellant's property.
5. On the northern side of the appellant's
property an old building and three building under
construction are there. The said buildings are having
access through the 11 feet street on the east of the
building.
6. Likewise on the southern side of the
appellant's property private shopping complex is
there. One shop is having access through the 11 feet
street on the east of the building and remaining shops
have access through the 28 feet street on the south of
the shops.
7. The total extent of the appellant's property in
S.No.219/2 is 207 sq.meter(5.1 cents). The appellant
constructed house in the portion of the property. The
remaining portions are vacant wherein debris due to
the removal of encroachment are found. The house
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has been locked and the entrance of the house faces
the north direction.
8. The shops constructed by the Sankarankovil
Municipality, was situated on the west of the
appellant's property.
9. The four boundaries of the appellant's
property are as follows:-
East : 11 feet street
West : 8 feet vacant land
(Government poramboke)
North : Private building
South : Private shopping complex.”
4. We also had a look at the diagram enclosed with the report.
We are satisfied that the appellant as well as the intervener can very
well access their houses from the street on the eastern side. That is
why, the learned single Judge in paragraph Nos.21 and 22 had
observed as follows:-
“ 21.The access to the house of the petitioner is
on the eastern side from Vadakatchiamman Temple
2nd Street. The petitioner should look forward. But, on
the other hand it appears she had inculcated a habit
to look backwards at the land which lies at the
backside of her house. She claims a right over it. That
cannot be permitted and encouraged. The petitioner
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can claim rights only on her house within the four
boundaries. She must be satisfied with the entrance
she has at Vadakatchiamman Temple 2nd Street.
22. It is not the case of the petitioner that the
entrance from Vadakatchiamman Temple 2nd Street is
obstructed by the respondents. There is no complaint
in that regard. The petitioner rather, has concentrated
on what is at the rear side of her house which is a
vacant land, naturally, an attractive prospect for
personal economical exploitation.”
5. It is also stated by the appellant's counsel that the appellant
had obtained decree and to execute the same, she has filed E.P.No.51
of 2025. If that be so, the appellant has to work out her rights in the
manner known to law. Filing of the writ petition before the learned
single Judge was misconceived. The order of the learned single Judge
is not interfered with. This writ appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (M.JOTHIRAMAN, J.)
24th February 2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
PMU
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G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
PMU
To:
1. The District Collector,
Collectorate Office,
Tenkasi Disgtrict.
2. The Revenue Divisional Officer,
Sankarankovil,
Tenkasi District.
24.02.2025
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