WP/36127/2026 of S.VENUGOPAL Vs The District collector on 8 September 2026

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The order, dated 13.07.2026, passed by the third respondent, is challenged in this Writ Petition, stating, that the Block Development Officer, Hosur, has acted in haste and removed the compound wall constructed by the petitioner for the safety of the plot owners and residents in the layout developed by him.

2. According to the learned counsel for the petitioner, the act in haste was motivated by the private respondent, who proposed to develop the adjacent land as layout, and, to have access to his layout, the compound wall has been destroyed.

3. Learned Special Government Pleader, appearing for Assistant Director of District Town and Country Planning, Hosur, submitted that the subject mentioned land had been donated to the local body for public use as road and, after donating the land for public purpose, compound wall was erected by the petitioner, preventing access and use of the road donated. Hence, on receiving a representation from the fourth respondent and a few others, an inspection was conducted and, after field inspection, the impugned notice was issued to the petitioner to remove the obstruction to the public road. Since the petitioner did

WP No. 36127 of 2026

not remove the obstruction on his own, action was taken for removing the obstruction.

4. The main contention of learned counsel for the petitioner is that the notice had been issued and demolition carried out without affording an opportunity to the petitioner and survey was conducted behind the back of the petitioner. However, it is not his case that the compound wall was constructed within the property of the petitioner or the layout he promoted. It is obviously in the nature of obstructing the entry to the road donated and the said fact is obvious from the photographs annexed by the petitioner in the typed set of papers.

5. As far as the authority to remove the obstructions on public roads, we find that any obstruction on public road or water canal can be removed by BDO, even without causing notice to the obstructor. In this case, the obstruction was removed after affording an opportunity to the obstructor/petitioner to remove the obstruction on his own and, only on his failure to remove the obstruction, the authority removed the obstruction.

6. We do not find any reason to interfere with the order impugned. Hence, this Writ Petition stands dismissed. No costs. Consequently, the connected W.M.P.Nos.40408 and 40409 of 2026 are closed. (G.J.,J.) (E.M.,J.) 08-09-2026

WP No. 36127 of 2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DIXIT To The District Collector Krishnagiri District Krishnagiri-635 115 The Assistant Director District Town and Country Planning Office 39/1,1st floor, Min Nagar Rayakotta Road Hosur-635 109 Krishnagiri District. The Block Development Officer (Village Panchayats) Hosur-635 109 Krishangiri District.

WP No. 36127 of 2026

DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. DIXIT WP No. 36127 of 2026 08-09-2026