R ALAGU SARAVANAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner, Learned Special Government Pleader for the Respondents 1 to 3 and the Learned Counsel for the 4th Respondent.

(2.) According to the Petitioner, he is residing at Ramalingampillai Street, Kaniyur, Madathukulam Taluk, Tiruppur District for the past 25 years and his ancestors were residing in the same place for more than 50 years. There was a passage measuring 66 feet in length and 6 feet in width at the east of Banajai Koil street near Ramalingam Pillai Veedi, which leads to Kadathur Main Road. In fact, this passage was in usage for the public for more than 50 years and by virtue of a Partition Deed dated 04.05.1959 (vide Document No.1045 of 1959), on the file of Sub Registrar, Udumalpet, (the document being effected among Late Kumarasami Pilai, Thangammal and his son Nagappa Pillai) this passage measuring 66 feet length and 6 feet width was made mention of in the deed and it was excluded for the purpose of public usage and in fact, this passage leads to Kadathur Main Road.

(3.) At this stage, Learned Counsel for the Petitioner brings it to the notice of this Court that the aforestated passage was blocked by the neighbouring house, which belongs to Manikam pillai, obstructing the passage, later, the said Manikam Pillai sold to Meenakshi, being the 4th Respondent herein and in the passage, sewerage water used flow through the ditch canal and drain without any stagnation and after this passage was blocked, the inmates of the houses situated at the Ramalingam Pillai Veedhi were very much affected and underwent hardships.