VIJAYA Vs. THE CHIEF ENGINEER

JUDGEMENT

(1.) This writ petition is filed seeking for a direction to the respondents to remove the gate erected in front of the petitioner's house at D.No.

(2.) /354 -1, Anakarai, Thiruvadaimarudur Taluk, Thanjavur District and consequently direct the respondents to restore the said gate in its original place. 2. The case of the petitioner is that the gate in dispute erected by the respondents in front of his house prevents the petitioner from having ingress and egress to her property from the main road. It is the further case of the petitioner that it is her private property in which she has put up her house with which the respondents have no right in whatsoever manner. Therefore, it is contended by the petitioner that the respondents is not having any justification in putting up the gate in front of the petitioner's house and thereby, preventing her free movement from and out of her house.

(3.) On the other hand, it is contended by the official respondents by filing a counter affidavit that the gate was put up only to prevent the illegal mining of sand from the river bank which lies adjacent to the petitioner's property. Apart from saying so, it is further stated in the counter affidavit that the petitioner can very well use the pathway available in front of her house by using the manhole with 4x4 size in the iron gate for the use of pedestrians and sideby, the two wheelers also can go.