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Madras High CourtWP/4098/2026disposed of

Mrs.R.Somasundari v. The Collector

2026-02-06Honourable Mr.Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.4576 of 2026 R.Somasundari ..Petitioner Vs

1. The Collector, O/o. The Collectorate

2. The Tasildhar, O/o.The Taluk Office Kundrathur

3. The Commissioner, Hindu Religious and Charitable Endowment (HR & CE) No.34, Nungambakkam High Road, Chennai - 600 034.

4. The Joint Commissioner, HR & CE Department, Kanchipuram Circle, Kanchipuram.

5. The Executive Officer, HR & CE Department, Kundrathur, Kanchipuram District.

6. The Inspector of Police (L & O) Mangadu Police Station Mangadu, Chennai - 600 122.

7. Selvaraj ..Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the first to third respondents to permanently reopen the blockade of pathway to petitioner property in S.No. 375/2 through the seventh respondent property in S.No.372 within the time frame fixed by this Court.

For Petitioner:

Mr.K.Seetharam For Respondents:

Mr.S.Senthil Murugan Special Government Pleader for R1 & R2 Mr.K.Karthikeyan, Government Advocate for R3 to R5 Mr.S.Sugendran, Additional Public Prosecutor for R6

ORDER

The writ petition is filed for a mandamus directing the respondents 1 to 3 to permanently reopen the blockade of the pathway to the petitioner's property in Survey No.375/2 through the seventh respondent's property in Survey No.372 within the time frame fixed by this Court.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it could be seen that when the petitioner had fenced his property and put up a gate, right in front of the gate, the seven respondent had originally piled up earth so that the petitioner had no ingress and egress.

3. It was also pleaded that the crop was ready for harvest. However, it is submitted by the learned counsel for the petitioner that the said blockage was removed for the purpose of harvest and the standing crops are now harvested. Now the petitioner wants only a permanent solution.

4. With reference to the permanent solution, since the petitioner is claiming easementary right in respect of carrying agricultural produce, it will be open for the petitioner to approach the appropriate civil Court to declare his rights and as and when such a suit is filed, the Court concerned shall take up the matter as expeditiously as possible.

5. With the above liberty reserved to the petitioner, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

06-02-2026 NSL To

1. The Collector, O/o. The Collectorate

2. The Tasildhar, O/o.The Taluk Office

Kundrathur

3. The Commissioner, Hindu Religious and Charitable Endowment Department (HR & CE) No.34, Nungambakkam High Road, Chennai - 600 034.

4. The Joint Commissioner HR & CE Department, Kanchipuram Circle, Kanchipuram.

5. The Executive Officer HR & CE Department Kundrathur

6. The Inspector of Police ( L & O) Mangadu Police Station Mangadu, Chennai - 600 122.

D.BHARATHA CHAKRAVARTHY, J.

NSL 06-02-2026