S RAVI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Feeling aggrieved against the dismissal of the writ petition by the Writ Court, the present appeal is filed by the writ petitioner.

(2.) The appellant approached the Writ Court and sought for a mandamus directing the respondents to remove the wall surrounding the appellant's patta land in the cart road blocking the free access to the appellant's land in an extent of 30 cents in Survey Nos.1976/1A and in an extent of 34 + cents situated at Survey No.1949 at Kavalkinaru Vilakku, Perungudi Village, Valliyoor Panchayat Union, Tirunelveli District.

(3.) The Writ Court, after considering the rival contentions of the parties, disposed of the writ petition by specifically noting the fact that the respondents have provided four feet pathway and the same could be used by the appellant and other local people as a matter of right to enter the property. Now, it is contended before us that such space is not sufficient for the appellant-writ petitioner and on the other hand, more space should be provided, apart from the fact that the respondents are not at all entitled to put up compound wall surrounding the appellant's property, which affects his easementary right as well.