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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
M.N.Prabhakaran – Appellant
Versus
Arulmigu Meenakshi Sundareswarar Temple Represented by its Executive Officer/Joint Commissioner Madurai – Respondent
| Table of Content |
|---|
| 1. factual background of property rights and dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. judicial observations on property access and public road status. (Para 9 , 10 , 11 , 19 , 20 , 21 , 22 , 23 , 24 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 3. arguments regarding access and ownership rights. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. established rights of access for property owners. (Para 25 , 26 , 27) |
| 5. final order granting injunction and addressing plaintiff's access. (Para 36 , 37 , 38) |
ORDER :
R.VIJAYAKUMAR, J.
The plaintiff in O.S.No.591 of 2019 on the file of the Principal District Munsif, Madurai Town has filed the present civil revision petition challenging the dismissal of his interim injunction application which was confirmed by the Principal Subordinate Judge, Madurai in CMA.No.2 of 2020.
(A)Factual Matrix:
2.The revision petitioner herein has filed the above said suit seeking a decree for permanent injunction restraining the defendants 1 and 2 from constructing any wall or putting up any fence on the eastern boundary of item No.1 of the schedule mentioned properties abutting the Teppakulam West Street (Item No.2 of the schedule mentioned property) and thereby
Landowners adjacent to public roads maintain a fundamental right of access to their properties, regardless of alternate access points, supporting public interest and use.
Property owners have an inherent right of access to public roads, irrespective of alternative routes; denial of access violates legal principles governing property rights.
Section 265 of Act reads as vesting of public streets and their appurtenances in corporation.
Property owners abutting public pathways retain rights of access from all boundary points, protecting against unauthorized constructions infringing these access rights.
The necessity to establish prima facie evidence for the grant of temporary injunction in property disputes, and the right of property owners to protect their property.
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