G.SUBHAIYAN Vs. DISTRICT COLLECTOR UDHAGAMANDALAM

JUDGEMENT

(1.) The relief sought for in the present writ petition is to direct the respondents to remove the obstruction (Gate) made by the fifth respondent in S.No.608/1, obstructing the public cart track at Melur Village, Coonoor Taluk, The Nilgiris District.

(2.) The petitioner states that he owns a Tea Estate at Kottakkal, Melur Village, Coonoor Taluk, The Nilgiris comprised in Survey No.665/3, measuring about 4 acres and 75 cents. There is a cart track running from Sengutarayan Malai lease village to Manjacombai-Kullakamby Main Road, which runs through various Survey Numbers and passes through various individual's lands and the cart track also passes the Estate of the fifth respondent in Survey No.608/1 and reaches the Manjacombai-Kullakamby Main Road. This is the only way to reach the land belongs to the petitioner by vehicle and further, this is the only way to reach Sengutarayan Malai lease village by small vehicle. From the time immemorial, the small tea growers from the area and the Tribal villages using this road without any interference from any one. Similarly two other roads are passing through the fifth respondent-Estate in Survey Nos.608/2 and 608/3, which leads to Naduthottam and Kulhukkal respectively.

(3.) The petitioner further states that the road is in existence from the past many decades and used by the Tribal villagers and the small tea growers in that locality. While-so, the fifth respondent had erected gates in each road and the said erection was questioned by the public.