Landowners adjacent to public roads maintain a fundamental right of access to their properties, regardless of alternate access points, supporting public interest and use.

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 obstructing the free ingress and egress of the plaintiff from Item No.1 through Item No.2.

3.A perusal of the plaint averment reveals that the plaintiff had purchased first item of the property under a registered sale deed dated 05.09.2017. Under the said document, he had purchased 1670 sq.ft in T.S.No.225/2D. In the boundary recital, Kamarajar Salari, Ramanthapuram Road is shown as northern boundary. Teppakulam West Street (Item No.2 of the schedule mentioned property) is shown as eastern boundary. The other two boundaries are owned by the private parties.

4.According to the plaintiff, both Kamarajar Salai as well as Teppakulam West Street are public roads. It is further averred that in the Teppakulam West Street, the property of the plaintiff and several other properties namely, Punnavana Nadar Marriage Hall, The Gita Nadanagopala Nayagi Manthir, Thiagarajar College of Preceptors, Sri Muktheeswarar Temple, Siddasramam and Meenakshi Sundareswarar Girls Higher Secondary School are situated. It is further averred that the southern end of Teppakulam West Street is connected to Anupanadi Road.

5.It is further averred that the 2^nd item of the property namely Teppakulam West Street is located in T.S.No.210 and it is a cement road used by the general public, vehicles and city buses are plying for over 100 years. It is also contended that the corporation has erected street lights and public drainage run on either side of Teppakulam West Street. A city bus stop is also located. A bus shelter has been erected by Madurai Corporation. All the properties owners, including the plaintiff having property abutting Teppakulam West Street on its eastern side, has got right of ingress and egress through the said street.

6.It is alleged by the plaintiff that the officials of the defendants 1 and 2 came to the property on 09.10.2019 and attempted to erect a compound wall on the wester margin of Teppakulam West Street which is the eastern boundary of Item No.1 of the schedule mentioned property. If such a compound wall is constructed, the plaintiff will not have any ingress and egress to the Teppakulam West Street. It further contended that a person having property abutting a street or road or highway has got right to enter through every point of access in his property. On 11.10.2019, the subordinates of defendants 1 and 2 started to dig up pits for erecting pillars for constructing the compound wall. Therefore, the present suit has been filed. Along with the suit, an application seeking interim injunction was filed in I.A.No.575 of 2019 contending that unless an order of temporary injunction is granted and the defendants 1 and 2 are prevented from putting up a compound wall, he would be put to great hardship.

7.The defendants 1 and 2 herein had filed a counter contending that