Minor road land use for compound wall permissible with authority permission if public access unaffected.

4. The Block Development Officer, Kadayanallur Union, Kadayanallur, Tenkasi District. 5. The Tahsildar, Kadayanallur Taluk, Tenkasi District, 6. The President, Oormeelalugiyan Panchayat, Kadayanallur Taluk, Tenkasi District. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 4 to 6 to forbear from constructing any compound wall or permanent structure in the land classified as road in Survey No.404/24, situated at Oormelalagiyan Village, Kadayanallur Taluk, Tenkasi District, measuring an extent of 0.14.00 ares, by considering the petitioner's representation dated 14.03.2026.

For Petitioner : Mr.R.Maheshwaran for Mr.K.Jeyamohan For R1 to R3 : Mr.D.Sasikumar Additional Government Pleader For R4 & R6 : Mr.P.Thilakkumar Government Pleader

ORDER

(Judgment of the Court was made by N.SATHISH KUMAR, J.)

The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondents 4 to 6 to forbear from constructing any compound wall or permanent structure in the land classified as road in Survey No.404/24, situated at Oormelalagiyan Village, Kadayanallur Taluk, Tenkasi District, measuring an extent of 0.14.00 ares, by considering the petitioner's representation dated 14.03.2026.

2. The case of the petitioner is that earlier, he filed W.P(MD)No. 1710 of 2023 seeking a Mandamus directing the respondents to stop the project of constructing the new panchayat office of the 6threspondent at Survey No.404/24 and this Court by order dated 01.02.2023, recording the specific averment in the affidavit of the 6threspondent dated 30.01.2023, that the proposed new panchayat office will be constructed only in the land of the panchayat at Survey No.404/22, disposed of the writ petition. Now it is the grievance of the petitioner that the respondents have started constructing compound wall for the new panchayat office in Survey No.404/22 which is classified as road. Hence, this writ petition.

3. Learned Government Pleader appearing for the respondents 4 and 6, on instructions, would submit that a small portion of the road Survey No.404/22 has been permitted to be utilised to put up a compound wall, for which, the District Collector has also given enter upon permission by proceedings dated 23.02.2023. He would also submit that construction of compound wall will not affect the usage of the existing road by the public and traffic.

4. In that view of the matter, we are of the view that it cannot be said that there is an absolute hindrance to the road and further, the compound wall is necessary to protect the building already constructed and that construction of compound wall also has been made after the enter upon permission given by the District Collector. Thus, we do not find any merits in this writ petition.