Thai.Kandasamy, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Kandasamy ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Principal Secretary Department of Adi Dravidar Welfare Fort St.George, Chennai - 9.

2. The District Collector Collectorate, Thanjavur Road Thiruvarur District - 610 001.

3. The Tahsildar (ADW) Taluk Office, Thiruthuraipoondi (TK) Thiruvarur District - 614 715.

4. St. Anthony's Matriculation Higher Secondary School Rep. by its Correspondent Thiruthuraipoondi & Taluk Thiruvarur District - 614 715.

5. Communist Party of India (CPI) Rep. by its Town Secretary Sengamala Street Thiruthuraipoondi & Taluk Thiruvarur District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents No.1 to 3 to take immediate and necessary action against the 4th & 5th respondents in order to protect the Scheduled Caste people and their house sites in S.No.133/1A, Arasaladi Street, Thiruthuraipoondi Taluk, Thiruvarur District.

For the Petitioner : Mr.P.Vijendran For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R3 Mr.V.Rudrapathi for R4 No appearance for R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Vijendran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 3 and Mr.V.Rudrapathi, learned counsel for respondent 4.

2. According to learned counsel for the petitioner, the road in question is obstructed by the fourth respondent. The road is not a private property of the fourth respondent.

3. Counter is filed by the second respondent. Learned State Government Pleader submits that the road in question is a common pathway made for the use and enjoyment of all persons, including the petitioner and the fourth respondent. The road is maintained by the Municipality, by erecting street lights and laying roads. As it is a road maintained by the Municipality, the same is open for the use and enjoyment of everyone.

4. In view of the said submissions, the apprehension of the

petitioner is redressed. The writ petition, as such, stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.11098 & 11099 of 2018 are closed.

(S.V.G., CJ.) (P.D.A., J.) 03.08.2023 Index :

Yes/No :

Yes/No drm

To

1. The Principal Secretary The Government of Tamil Nadu Department of Adi Dravidar Welfare Fort St.George, Chennai - 9.

2. The District Collector Collectorate, Thanjavur Road Thiruvarur District - 610 001.

3. The Tahsildar (ADW) Taluk Office, Thiruthuraipoondi (TK) Thiruvarur District - 614 715.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) W.P.No .9287 of 2018 03.08.2023