Kulasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 15165 & 15164 of 2024 Kulasekaran Son Of Egappan Naicker, No.3/75 Perumal Koil Street, Andarkuppam, Chennai 103.

..Petitioner(s) Vs

1. The District Collector District Collectorate, Thiruvottriyur Taluk, Thiruvottriyur, Chennai 600019.

2. The Tahsildar Thiruvottiryur Taluk, Thiruvottriyur, Chennai 600019.

3. The Executive Engineer Corporation Of Chennai, Zone-1, Thiruvottriyur, Chennai 600019.

4. R.Deenadayalan Son Of Balasundara Naicker, No.3/2o, Perumal Koil Street, Andarkuppam Chennai 600103.

5. R.Saravanan Son Of Balasundara Naicker, No.3/2o, Perumal Koil Street, Andarkuppam Chennai 600103.

..Respondent(s) To direct the respondents 1 to 3 to consider the representation of the petitioner dated 27.03.2024 and pass orders to remove the

encroachments by the respondents 4 and 5 in the 3ft public pathway comprised in S.No.299/1 branching off from the SrinivasaPerumal street in the Kadapakkam village, Thiruvottriyur Taluk, Chennai District. For Petitioner(s):

Mr.M.Elumalai For Respondent(s):

Mr.T.Arunkumar, Addl.Govt.Pleader for R1 & R2 Mrs.Aswini Devi.K.

Standing Counsel for GCC for R3 Mr.R.Anandha Babu for R4 & R5 Order (Order of the Court was made by S.M.Subramaniam J.) The relief sought for in the present writ petition is to direct the respondents 1 to 3 to consider the representation of the petitioner dated 27.03.2024 and pass orders to remove the encroachments by the respondents 4 and 5 in the 3ft public pathway comprised in S.No.299/1 branching off from the Srinivasa Perumal Street in the Kadapakkam Village, Thiruvottriyur Taluk, Chennai District.

2. The Tahsildar, Thiruvottiyur Taluk, filed a counter affidavit stating that 3 feet passage for ingress and egress to reach Srinivasa Perumal Koil Street from the house of the petitioner is a public lane and the petitioner is using the same for several years. However, as per the revenue record the said portion of the land has been recorded as surrounded patta land. However, it is not a government land as per the revenue record.

3. That being so, for resuming the common passage, the petitioner has to establish his easementary right by approaching the competent Civil Court of law. Granting liberty to the petitioner to approach the Civil Court, the present Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (K.S.,J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order VSI To

1. The District Collector District Collectorate, Thiruvottriyur Taluk, Thiruvottriyur, Chennai 600019.

2. The Tahsildar Thiruvottiryur Taluk, Thiruvottriyur, Chennai 600019.

3. The Executive Engineer Corporation Of Chennai, Zone-1, Thiruvottriyur, Chennai 600019.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

VSI 01-04-2026