This writ petition sought a Writ of Mandamus to restrain respondent government authorities from interfering with a public path used by villagers in Dharapuram. The High Court recorded respondent counsel's assurance to examine records and issue notices. The Court disposed of the petition without granting the interim relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.25659 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.25659 of 2022 and WMP.Nos.24667 and 24668/2022
v.
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W.P.No.25659 of 2022
Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from interfering with the right of way of the petitioners and the other residents at S.No.1461/2, S.No.1477 and S.No.1727/1 of Sangarandampalayam Village, Dharapuram Taluk, Tirupur District.
For Petitioners :: Mr.V.Raghavachari For Respondents :: Mr.P.Muthukumar, 1 to 5 State Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, forbearing the respondents from in anyway interfering with the right of way of the petitioners and the other residents at Survey Numbers 1461/2, 1477 and 1727/1 of Sangarandampalayam Village, Dharapuram
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Taluk, Tirupur District.
that a pathway is running across the south of old S.No.731, a portion of Survey No.730 and is also running through the Survey Numbers 729 and 725 moving North to other areas. There is a mud road in S.No.729 and this has been raised on a pipeline fixed to enable the water to be drained into Amaravathi river in New S.No.1727/1. Therefore, the villagers are using the said road from time immemorial. On inspection, the Revenue authorities as well as the Survey Authorities found that it is a low-line stream beneath the surface and the rain water flows through this field. Further, during the rainy season, the rain water joins Amaravati river through the water channel. But two huge pipes measuring 4 feet in diameter have been laid enabling the water to flow freely. The said road in S.No.1461/2 is also being used by the public of Kazhungapalayam to approach Kulathupalayam. The residents of Karungalpalayam Village have no other way to reach Athukalpudhur and Kolathupalayam Villages except
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through the said mud road. Thus, when the road has been formed by the villagers, it has been in existence for over a century.
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W.P.No.25659 of 2022
Munsif, Dharapuram. This Court also, without examining the merits of the representations dated 16.3.2018, 19.5.2018, 18.6.2018 and 23.8.2018, directed the official respondents therein to dispose of the same by a speaking order within a period of six weeks from the date of receipt of a copy of that order, after providing a reasonable opportunity to the affected parties. In the strength of the said order passed, the revenue authorities are threatening the petitioners and they are prepared to remove the road which is being used by the school going children and the public of Kazhungapalayam.
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W.P.No.25659 of 2022
Pleader appearing for the official respondents, the Writ Petition is disposed
of. No costs. Consequently, connected Miscellaneous Petitions are also closed.
(T.R.,A.C.J.) (P.D.A., J.) 23.09.2022
Index : Yes/No
tsi
To
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W.P.No.25659 of 2022
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W.P.No.25659 of 2022
THE HON'BLE ACTING CHIEF JUSTICE
AND P.D.AUDIKESAVALU,J.
tsi
W.P.No.25659 of 2022
23.09.2022
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1 issue framed by the court
Whether to issue Writ of Mandamus forbearing respondents from interfering with the petitioners' right of way.
1 provisions across 1 enactments
C.Thangamuthu
S.Muthukumar
The District Collector, Tiruppur
The District Revenue Officer, Tirupur
The Sub-Collector, Dharapuram
The Tahsildar, Dharapuram
T.Raja
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
