The main legal point established in the judgment is that the petitioner should have pursued a civil suit to establish her easementary right instead of invoking the extraordinary jurisdiction of the court under Article 226 of the Constitution of India.

Heard the Learned Additional Government Pleader appearing for the first respondent/ District Collector, Thoothukudi District.

2. According to the petitioner, she and her brother M.Ramesh are the absolute owners of the property measuring an extent of 1 acre and 17 cents of land comprised in Town Sy.No.3485 part, 3486/2 part, 3488/1, 3489/2, 3489/3 and 3490 part situated at Ward No.4, Block No.22 at Palayamkottai Road, Thoothukudi and further they are in continuous possession and enjoyment of the property.

3. The stand of the Petitioner is that in the aforesaid property, they intended to construct a building for letting out to the companies which are intended to have their office in the building. Therefore, they approached the District Local Planning Officer seeking a necessary permission to construct a building by means of application dated 14.10.2005 and paid necessary development charges. As a matter of fact, the Local Planning Authority gave permission to them to build basement, ground and first floor in the aforesaid land through their proceedings dated 29.11.2005. After securing the planning permission from the Local Planning Authority, they approached the second respondent/ Commissioner, Thoothukudi Municipal Corporation for obtaining building plan approval and the second respondent through proceedings dated 16.06.2006 had granted building plan approval. Also that, they had constructed a building on the aforesaid land named as 'Manickam Towers'.

4. The further plea of the petitioner is that they intend to construct two more floors in the aforesaid building and accordingly, made a joint application to the Local Planning Authority seeking planning permission for construction of 2nd and 3rd floors. The Local Planning Authority through their proceedings dated 05.02.2014 granted permission for construction of 2nd and 3rd floors. However, they were directed to approach the second respondent/Commissioner, Thoothukudi Municipal Corporation for building plan approval. Indeed, the 2nd respondent/Commissioner, Thoothukudi Municipal Corporation, on 18.03.2014, granted permission for the building plan. As per the building plan approval, they had constructed the 2nd and 3rd floors in the property in question.

5. The prime case of the petitioner is that she along with her brother own the property in question jointly and in fact, the aforesaid property is constructed for commercial usuage and the said property is situated in a place, where traffic movement is very much congestive. When that be the facts situation, the 2nd respondent/Commissioner, Thoothukudi Municipal Corporation, had started the construction of culvert for drainage of rain water at the northern edge of Thoothukudi-Palayamkottai State Highways i.e to say the said culvert is being constructed in front of their property i.e at the entrance.

6. In reality, the second respondent is endeavouring to build the culvert with the height of 2 feet from the road level. Moreover, if the culvert is allowed to construct at the height of 2 feet, it will definitely affect the ingress and egress to their property. Apart from that the petitioner's brother submitted a representation to the respondents 1 & 2 on 10.12.2015 requesting them not to increase the height of culvert in front of their complex entrance and in fact, the first respondent/District Collector, Thoothukudi, had forwarded the said representation to the 2nd respondent for taking necessary action. In this connection, the grievance of the petitioner appears to be that 'if the height of the culvert is increased, no vehicle could enter into their complex, as the height of the culvert would be two feet above the road level'. Hence, she has filed the present writ petition before this Court praying for passing of an order by this Court in restraining the respondents herein from obstructing the ingress and egress to her property situate at door No.146, Palayamkottai Road, Thoothukudi by raising the height of culvert with 2 feet hei