The Supreme Court on Monday extended its interim order asking Kodanad Estate in Udhagamandalam not to deny villagers of Anna Nagar and Kamaraj Nagar access to the pathway inside the estate that they have been using for the past 13 years.
Acquisition proceedings
A Bench of Justices Mukundakam Sharma and Anil R. Dave passed the order after senior counsel T.R. Andhyarujina, appearing for the State along with Additional Advocate General P. Wilson, submitted that the government had initiated acquisition proceedings of the lands in question.
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Senior counsel Altaf Ahmed appeared for the villagers.
Counsel Guru Krishna Kumar, appearing for the estate, submitted that if the government wanted to acquire the lands the petition would become infructuous.
The Bench said that its earlier order passed on May 15, 2008 — “ 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” — would continue.
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The Bench posted the special leave petition filed by the Sub-Divisional Magistrate and Assistant Collector, Coonoor, challenging the High Court order for further hearing in April.
In his order, the single judge had stated, “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 estate had agreed to abide by this direction.
On behalf of Tamil Nadu it was 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. It was also submitted that land acquisition proceedings had been initiated to protect the rights of villagers.
The State wanted continuance of the interim order.