The Hindu : New Delhi News : Court asks Kodanad Estate to allow villagers to use pathway

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Friday, May 16, 2008
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Court asks Kodanad Estate to allow villagers to use pathway

J. Venkatewsan

New Delhi: The Supreme Court on Thursday asked the Kodanad Estate in Udhagamandalam not to deny the villagers of Anna Nagar and Kamaraj Nagar access to the pathway inside the estate which they were using for the last 13 years.

A Bench comprising Chief Justice K.G. Balakrishnan and Justice M.K. Sharma, in a brief order on a special leave petition filed by the Sub-Divisional Magistrate and Assistant Collector, Coonoor, said: “Four weeks’ time is granted for filing counter-affidavit. Whatever directions given by the single Judge [of the Madras High Court] with regard to the use of the pathway… be maintained until further orders.”

Appearing for the Tamil Nadu government, senior counsel T.R. Andhyarujina submitted that residents of Anna Nagar and Kamaraj Nagar, with about 180 families, were using the pathway for several years and could not be denied access. Any unlawful obstruction should be removed as the rights of the villagers would be affected.

CJI told counsel: “You must establish your right of pathway. You cannot enter someone’s land one fine morning and say open the way. If you feel it is a pathway, why don’t you acquire that land?”

Appearing for the estate, counsel Guru Krishnakumar and A. Navaneethakrishnan said though it was not a pathway, “we will follow whatever directions issued by the single judge.”

In his order, the single judge set aside the order of the magistrate to open the gates of the pathway, saying, “It is needless to mention that the petitioner estate will not deny the villagers of Anna Nagar and Kamaraj Nagar access to use the pathway with such restrictions and conditions as it may impose.”

The SLP sought the quashing of the impugned order and an interim stay of its operation.

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