JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, paying to issue of Writ of Mandamus directing the respondents herein not to obliterate the existing Thirumurugan Poondi-Rakkiyapalayam road comprised in Survey No. 488/1 situated at No.54, Rakkiyapalayam Village, Avinashi Taluk, Tiruppur District and to maintain the same as a public road.)

1. The writ on hand is filed to direct the respondents not to obliterate the existing Thirumurugan Poondi-Rakkiyapalayam road comprised in Survey No. 488/1 situated at No.54, Rakkiyapalayam Village, Avinashi Taluk, Tiruppur District and to maintain the same as a public road.

2. The petitioners state that the land comprised in Survey No. 488/1 situated at No.54, Rakkiyapalayam Village, Avinashi Taluk, Tiruppur District is originally a cart track from time immemorial leading from Thirumurugan Poondi to Raakiyapalayam. The said cart track partly came to be laid as a Black Top Road by the Thirumurugan Poondi Town Panchayat. The said road from Thirumurugan Poondi to Raakiyapalayam is not only in existence over several decades but also is being used by all the villagers of Rakkiyapalayam including the petitioners who o