IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-01-2026 CORAM THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Selvam ..Petitioner(s)

Vs

1. The District Collector, District Collectorate, Kallakurichi Taluk And District.

2. The Division Engineer, State Highways Department, Office Of Divisional Engineer, Kaspa Kallakurichi, Kallakurichi Taluk And District.

3. The TahsildarTaluk Office, Vanapuram Taluk, Kallakurichi.

4. The Block Development Officer Block Development Office, Sankarapuram Town And Taluk, Kallakurichi District.

5. The Assistant Divisional Engineer State Highways Department, Office Of Assistant Divisional Engineer Sankarapuram, Kallakurichi Taluk And District.

6. The Assistant Engineer, State Highways Department, Office Of Assistant Engineer Sankarapuram Taluk , Kallakurichi District.

7. The PresidentPudhupattu Village, Vanapuram Taluk, Kallakurichi District.

..Respondent(s)

Prayer: This petition has been filed under Article 226 of the Constitution of India, forbearing the respondents herein from constructing the Passenger Shelter (Payaniyar Nizharkudai) in Road Poramboke land which was allotted to the State Highways Department for the extension of main road of Vellimalai- Moolakkadu-Pudhur Road comprised in Survey No.75/8B which obstructs the access of free ingress and egress to the petitioners land comprised in Survey No.75/8A9 situated in Pudhupattu Village and Post, Vanapuram Taluk,Kallakurichi District.

For Petitioner(s): M/s.U. Ramya For Respondent(s): Ms.C.Meera Arumugam, AGP(RR1, to 3, 5 & 6)

Mr.M.Muthusamy, GA, R4 & R7

O R D E R

The petitioner has come forward with this writ petition in order to prevent the construction of a passenger shelter /bus shelter on the Vellimalai- Moolakkadu-Pudhur Road, as the ingress and egress of the petitioner is affected by such construction.

2.The writ petitioner is the owner of the property situated at 75/8A9 of Puthupattu Village and Post, Vanapuram Taluk, Kallakurichi District. The access to his property is from a State highway. Next to the petitioner’s property is a Government Hospital. The respondents, acting on a request from the public, had decided to construct a bus shelter to enable the members of the general public visiting the Government Hospital and the students of the nearby school, to wait in the bus shelter, so as to avoid the vagaries of nature.

3.Taking into consideration the difficulties faced by the public, the Puthupattu Village Panchayat passed a resolution on 25.08.2025 for construction of a bus shelter. As the land is abutting a highway, the local body had approached the Division Engineer, Highways, and sought his permission to construct a bus shelter with a plinth area of 5 meters by 16 meters. The Divisional Engineer had granted the necessary permission on 03.11.2025. After the construction has commenced, the petitioner has come before this Court seeking the aforesaid relief.

4.Taking into consideration the plea of the petitioner that his entire access would be obstructed, this writ petition was entertained.

5.Ms.Meera Arugmugam was directed to take notice for Respondents 1 to

3, 5 and 6, and Mr. Muthusamy was called upon to take notice for Respondents

4 and 7.

6.When the matter was taken up on 20.01.2026, both the counsel appearing for the respondents pleaded that the bus shelter extends only for 16 meters on the Highway, while the petitioner has a frontage of 220 meters. It was also stated that between the proposed bus shelter and the petitioner’s property, an access area of 1 meter had been set apart and therefore, there is no blockage of the entire ingress and egress to his property.

7.I posted the matter today to enable the respondents to file a counter.

8.A perusal of the counter shows that the owner of the property, viz., the State Highways, has granted permission to put a bus shelter. It is not in dispute that the Government Hospital is abutting the petitioner’s property. The resolution passed by the panchayat is also not in question.

9.The petitioner states that the