JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing 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.)

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.

4. The fifth respondent had stated that it is only for safety purpose, they have erected the gate. However, the fifth respondent assured that they will not lock the gate and it is open for the public use without any interference.

5. In spite of the oral promise, the fifth respondent started giving trouble to the small tea growers of that locality and prevented the petitioner from using the vehicle to load the tea leaves and other tea growers, which resulted in heavy loss and the vehicles were prevented from moving from one side to the other side through the road. The fifth respondent used to lock the gates in Survey Nos.608/1, 608/2 and 608/3.

6. After several round of agitation, the fourth respondent-Tahisldar has sealed the gate at Survey No.608/2 and aggrieved by the said action of the fourth respondent-Tahsildar, the fifth respondent filed WP No.24445 of 2015 and this Court passed an order on 27.08.2015, directing the second respondent to remove the lock and further made it clear that the general public is also entitled to use the road, pending disposal of that writ petition. Pursuant to the order from this Court, the fourth respondent removed the lock and the gate in Survey No.608/2, which is in the usage of the public at large.

7. In this backdrop, it is contended that the Tribal people residing are primitive Tribals and they are residing from time immemorial. All along, they are using the said cart track for movement of vehicles and for emergency purposes.

8. In view of the fact that the fifth respondent erected the gate, the free access to the village is entirely stopped. It is contended that the other small tea growers of that locality is also effectively prevented by the fifth respondent for movement of vehicle and they could not able to load the tea leaves for selling the same in the markets.

9. It is not in dispute between the parties to the lis on hand that the objected erection of gate by the fifth respondent is the only road available for all these people and there is no other way for public usage.

10. In view of the fact that the said road, being the only road, is in continuous usage of the Tribals and the small tea growers of tha