G.Subramaniyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-11-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P No. 36475 of 2025 G.Subramaniyan S/o.Govindasamy, Thiyagarajapuram Road, Sankarapuram Town, Sankarapuram Taluk, Kallakurichi District.
..Petitioner Vs 1.The District Collector The Collector Office, Kallakurichi District.
2.The Revenue Divisional Officer The Revenue Divisional Office, Kallakurichi District.
3.The Tahsildar Sankarapuram Taluk Office, Sankarapuram.
4.The Block Development Officer The Block Development Office, Sankarapuram.
5.Thirupathi S/o.Kannu, Thiyagarajapuram Vilalge, Sankarapuram Taluk, Kallakurichi District.
6.Sankaran S/o.Asalan, Vilalge President, Thiyagarajapuram Village, Sankarapuram Taluk, Kallakurichi District.
..Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing to 1 to 4th respondents to consider the representation dated 13.07.2025 to take action on this petition to use the government pattai poramboke land bearing survey no.24/2, measuring 0.19.5 ares in total as a pathway and to facilitate petitioner to go to petitioner land and farm using the external route as usual within in the time frame fixed by this Court. For Petitioner :
Mr.Arun Anbumani for M/s.V.Navaneethakrishnan For Respondents :
Ms.M.Jayanthy, Additional Government Pleader - for R1 to R3 Mr.V.Ramesh, Government Advocate - for R4 R5 and R6 - Notice dispensed with Order (Order of the Court was made by R.Suresh Kumar J.) The land to the extent of 0.19.5 Ares at S.No.24/2 at Thiyagarajapuram Village, Sankarapuram Taluk, Kallakurichi District is a Government Paattai Poramboke land which has been used as a pathway by the petitioner and other people who have their agricultural lands nearby.
2. When that being the position, all of a sudden sometime in June 2025 the fourth respondent ie., Block Development Officer of Sankarapuram Taluk has issued a communication stating that the land at S.No.24/2, ie., Paattai Poramboke was originally encroached by the petitioner, which has been removed. Thereafter the land would be utilized for some other purpose. Now, it is the apprehension on the part of the petitioner that the land in question ie., at S.No.24/2 is going to be utilized by giving Patta to third parties as those individuals have given their Patta
land for the construction of a school in that locality ie., Thiagarajapuram Village Panchayat. Only in that context the petitioner has moved the present writ petition seeking a direction not to allot the said land being Paattai Poramboke which can only be utilized as pathway for the ingress and egress towards their lands.
3. Heard Ms.M.Jayanthy, learned Additional Government Pleader for the respondents 1 to 3 and Mr.V.Ramesh, learned Government Advocate for the 4th respondent. In view of the order that is going to be passed in this writ petition, notice to the private respondents 5 and 6 is dispensed with.
4. Learned Additional Government Pleader on instructions would submit that, the land in question ie., S.No.24/2 to the extent of 0.19.5 Ares is a Paattai Poramboke land, which is now free of encumbrances after the alleged encroachments on the part of the petitioner and others have been removed and therefore the said land can very well be used as pathway by the petitioner and other landholders and to that extent there has been no objection for the revenue authority or the respondents.
5. The statement given by the learned Additional Government Pleader, of course on instructions, is taken on record. In that view of the matter, this writ
petition is disposed of with an observation that the land in question ie., S.No.24/2 at Thiyagarajapuram Village, Sankarapuram Taluk, Kallakurichi District shall only be used as a Paattai Poramboke ie., pathway for the landholders of the nearby lands. The same cannot be granted to any individual by way of land assignment or Patta. With regard to the proposal as apprehended by the petitioner whether the respondents have any plan to give Patta to any third parties as an alternative land, the learned Additional Government Pleader submitted that there is no such proposal as of now with the respondents and therefore, the question of giving Patta in the said land to any third parties at this juncture does not arise.
6. The said statement, of course on instructions, given by the learned Additional Government Pleader is taken on record. In that view of the matter, this writ petition is disposed of with an observation that the land at S.No.24/2 measuring 0.19.5 Ares at Thiyagarajapuram Road, Sankarapuram Taluk, Kallakurichi District shall only be used as a Paattai Poramboke ie., Pathway for the landholders who have their lands in the nearby locality. The same cannot be granted to any individual by way of land assignment or Patta. With the above observation, this writ petition is disposed of. No costs.
(R.S.K.,J.) (H.C.,J.) 06-11-2025 Index: Yes/No Speaking/Non-speaking order KST
To
1. The District Collector The Collector Office, Kallakurichi District.
2. The Revenue Divisional Officer The Revenue Divisional Office, Kallakurichi District.
3. The Tahsildar Sankarapuram Taluk Office, Sankarapuram.
4. The Block Development Officer The Block Development Office, Sankarapuram.
R.SURESH KUMAR J.
AND HEMANT CHANDANGOUDAR J.
KST 06-11-2025