K.Valarmathi v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY K.Valarmathi ... Petitioner Vs 1.
The District Collector, Perambalur, Perambalur District 2.
The Revenue Divisional Officer, Office of the Revenue Divisional Office, Perambalur District.
3.
The Tahsildar, Kunnam Taluk, Perambalur District.
4.
The Village Administrative Officer, Keela Puliyur Village, Kunnam Circle, Perambalur District.
5.
Prabhu ... Respondents Prayer: Writ Petition (Crl.) filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent 1 to 4 to consider the representation of the petitioner dated 12.04.2025 to intiate appropriate action under Section 164 of BNSS Act for accessing Thenvadal 1/4
Road, situated in Keelapuliyur Ceylon Colony, Veppur Block, Kunnam Circle, Perambalur.
For Petitioner : Mr.T.Dharani For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
The writ petition is filed to direct the respondents 1 to 4 to consider the representation of the petitioner dated 12.04.2025 and to initiate appropriate action under Section 164 of the BNSS Act.
2. Upon perusal of the said representation dated 12.04.2025, it is the contention of the petitioner that a cart track exists in S.No.197/4A, 198/1A in Keellapuliyur Village. It is stated that the petitioner, along with 20 other families, has been traditionally using this cart track. It is further alleged that in all the earlier documents referring to the said survey number, this cart track has been shown as the boundary. However, when one Mutharasan executed a sale deed vide Document No. 2366 of 2025 in favour of one Prabhu, this common pathway was shown as if it were their own exclusive private pathway. The deed was registered and pursuant thereto, the purchaser is preventing the petitioner and other villagers from using the said cart track. 2/4
3. Thus, it can be seen that the petitioner claims the cart track they were traditionally using is now being interfered with by a private individual. As such, the matter is civil in nature. The petitioner can very well approach the jurisdictional Civil Court and obtain interim orders against the private individual who is interfering with the rights claimed by the petitioner.
4. With such liberty kept open to the writ petitioner, the writ petition stands disposed of. No costs.
08.07.2025 nsl To 1.
The District Collector, Perambalur, Perambalur District 2.
The Revenue Divisional Officer, Office of the Revenue Divisional Office, Perambalur District.
3.
The Tahsildar, Kunnam Taluk, Perambalur District.
4.
The Village Administrative Officer, Keela Puliyur Village, Kunnam Circle, Perambalur District.
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D.BHARATHA CHAKRAVARTHY, J.
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