O R D E R

The relief sought for in the present writ petition is to forbear the respondent from putting up any construction over the National Highway NH-45C in blocking the access to the petitioner's property bearing Survey No.204/1L4 at Sethiyathope.

2. The petitioner states that he purchased a piece of land to an extent of 715 Sq.ft in Survey No.204/1L4 at Sethiyathope, Cuddalore District through a registered sale deed in Document No.436/1993. The petitioner had put up two storied building (underground + basement + 1st floor + 2nd floor), in which, he started hardware business in the name of “Muniaiyah hardware”.

3. The learned counsel for the petitioner states that the Highway Authorities proposed to construct a Bus stop in the Highways Road in front of the property belongs to the petitioner. It is contended that the right of access to the property cannot be taken away by constructing a Bus stop. The petitioner has got a right of property, so also to run his business in a peaceful manner. In the event of allowing any construction in the Highways, the petitioner will be deprived of his right of business in the particular locality.

4. The learned counsel for the petitioner relied on the judgment of this Court in Second Appeal No.678 of 2004 decided on 27.08.2012 and contended that “the right of immediate access is ensured in the said judgment and paragraph 13 of the Judgment is as under:

“13. The right of immediate access from the private property to a public highway, is a private right available to the owner of the premises, solely by virtue of existence of the property, adjoining the highway. This private right is distinct from the right of the owner of that property to use the highway itself as one of the public.”

5. The learned Government Advocate appearing on behalf of the respondent disputed the contention by stating that construction of Bus stop for the benefit of the public at large was proposed from and out of the MLA Constituency Development Fund and it was sanctioned on 23.12.2013. Construction commenced and thereafter, the petitioner filed the writ petition and by virtue of the interim order granted, the respondents are unable to proceed with the construction.

6. It was proposed to construct a Passengers shelter near Rajiv Gandhi Statue at Sethiyathope under the Bhuvanagiri MLA Constituency Development Scheme for the year 2012-13 and administrative sanction for the work proposal was also accorded by the first respondent. An amount of Rs.15 lakhs was allotted for this purpose. Technical sanction was estimated. It is contended that the proposed construction of the Bus shelter lies on the eastern side of the Vikravandi – Kumbakonam – Tanjore National Highways Road. The length and breath of the proposed construction is 24 and 4 metres respectively.

7. The Special Tahsildar (Land Acquisition), National Highways, Kattumannarkoil has informed the project Director (Land Acquisition), Tanjore that there is no proposal for the acquisition of the land for National Highways in the site proposed for the construction of bus shelter at Sethiyathope. The Project Director (LA), Tanjore has forwarded a copy of the report of the Special Tahsildar to the Executive Officer, Sethiyathope Town Panchayat for taking necessary action. Tenders for the construction work was called for five times and on 20.12.2013, the lowest tender was accepted and work order was issued on 23.12.2013.

8. The request of the petitioner was considered and the meeting was convened in the presence of the MLA Bhuvanagiri, President of the Business Association, the Sub-Inspector of Police, the President of the Sethiyathope Town Panchayat and the Executive Officer. In that meeting, it was agreed by all the participants that the shelter construction area may be divided into two, one on the eastern side of the road and the other on western side of the road without giving any disturbance both for the business people and for the traffic.

9. The petitioner having not satisfied wit