Petitioner lacks locus standi to challenge construction on government poramboke land where property access remains unobstructed.

ORDER

The impugned “No Objection Certificate” dated 03.11.2025 bearing Reference Ka.No 1898 / 2025 / E Va A 1 issued by the fifth respondent in favour of the fourth respondent, is put under challenge in the present Writ Petition. Consequently, the petitioner has sought for a direction to restrain the respondents from constructing the Passenger Shelter (Payniyar Nizhar Kudai) in the Road Poramboke land comprised in Survey No.75/8B which obstructs the petitioner’s right of free ingress and egress to his patta property comprised in Survey No 75/8A9 situated at Pudhupattu Village and Post, Vanapuram Taluk, Kallakruichi District.

2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. It is the case of the petitioner that the petitioner is the absolute owner of the subject property comprised in Survey No.75/8A9 situated at Pudhupattu Village, where he has constructed six shops. While so, the official respondents had proposed to construct a passenger shelter in Survey No.75/8B which is a road poramboke land and his grievance is that if the said construction is done, it will obstruct the free ingress and egress access to his property. Aggrieved over the same, the petitioner has sent a legal notice, as well as filed a Grievance Petition dated 24.09.2025 and 03.11.2025 respectively to the first respondent, however, No Objection Certificate [NOC] was granted by the fifth respondent in favour of the fourth respondent to the said construction. In this regard, he has also filed a suit in O.S.No.218 of 2025 and the same is pending. Moreover, he has also filed a petition in W.P.No.49613 of 2025 but the same was dismissed on 22.01.2026 and challenging the same, he preferred and appeal in W.A.No.622 of 2026 which was withdrawn by the petitioner with liberty to challenge the impugned NOC dated 03.11.2025 issued by the fifth respondent and hence, the present Writ Petition.

4. The learned counsel for the petitioner submitted that if the passenger shelter was constructed, it will obstruct the free ingress and egress access to his property and moreover, there was already two other passenger shelters within 20 meters radius and 50 feet distance. He further submitted that the said Government land was actually meant for road extension and to avoid traffic congestions but deviating the same, the said construction was proposed by the respondents and hence, prayed this Court to grant the relief sought for by the petitioner in this Writ Petition.

5. Per contra, the learned Special Government Pleader appearing on behalf of the respondents submitted that the construction was proposed in the Road Poramboke land in Survey No.75/8B and No Objection Certificate was granted by the concerned authorities for the said construction, where the petitioner has no locus standi to oppose the same. He further submitted that there was access to his property and the said construction of passenger shelter was completed and thus, prayed for dismissal of the Petition.

6. I have considered the rival submissions made by the respective learned counsel and also perused the materials placed on record.

7. On perusal of the records reveals that the construction was carried out only in the road poramboke land of the Government, for which NOC was obtained from the State Highways Department by the fourth respondent. It is also brought to the notice of this Court that the petitioner has access to his property and the said passenger shelter is near to the Government Hospital and the construction was also completed. Only after following the due process of law, the said construction was made that too in the Government Poramboke land whe