Madurai: The Madras High Court Bench has
criticised its own administration for refusing to provide
passage to a private land, situated near the Judges` entrance
of the court campus, and preventing the land owner, an old
woman, from approaching the property.
"The poor owner, J Janakiammal cannot go to her land except
by helicopter" Justice V Ramasubramanian said yesterday.
Disposing the petition, the Judge directed the Project
Director of National Highways Authority of India (NHAI),
Tiruchi, to remove the barricade to Janakiammal`s property to
the extent of not less than 30 feet at a location convenient
to the petitioner within two weeks.
"I do not think a Constitutional court will be justified in
wielding its power to prevent the owners of neighbouring lands
from enjoying their properties with all rights and privileges
that go along with a property, including the easement rights
of necessity. To do so, by administrative action is still
worse," the Judge said.
The petitioner submitted she actually owned 1.99 acres of
land, of which 1.12 acres were acquired about 10 years ago for
establishing the High Court Bench and 16 cents were acquired
by the NHAI for providing a service road between a four-lane
highway (connecting the nearby ring road and Tamil Nadu
Agricultural College) and the judges` entrance to their
She was now in possession of about 71 cents of land but
even that could not be accessed by her as the NHAI had erected
a barricade at the instance of the High Court, she submitted.
Her plea for providing a 20-foot wide passage was rejected
by the High Court`s Building Committee comprising its judges.