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Madras High CourtWP/48812/2025disposed of

P.Palaniyappan v. The District Collector

2026-03-23Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER P.Palaniyappan S/o.Periyasamy, No.5/122, Sembampalayam, Pudupalayam, Thiruchengode Taluk, Nallipalayam Post, Namakkal-637 201.

..Petitioner(s) Vs

1. The District Collector Namakkal District, Namakkal

2. The District Revenue Officer, Namakkal District, Namakkal

3. The Revenue Divisional Officer, Thiruchengodu Division, Namakkal District.

4. The Tahsildar, Thiruchengodu Taluk, Namakkal District.

5. The Taluk Surveyor, Thiruchengodu Taluk, Namakkal District.

6. The Revenue Inspector Elanchipalayam Firka, Thiruchengodu Taluk, Namakkal District.

7. The Village Administrative Officer Unjanai Village, Thiruchengodu Taluk, Namakkal District.

8. The Inspector Of Police, Thiruchengode Police Station, Namakkal

9. B.Sathish S/o.T.Balusamy, No.139/4-3, T.Salapalayam,

Kumaranmangalam Post, Kailasapalayam Village, Thiruchengodu Taluk, Namakkal ..Respondent(s) To direct the respondents 1 to 7 to remove the encroachment in Survey Nos.206/2, 207/2F, 216/1A, 216/1B1, 216/1D, 217/1A, 217/1B Unjanai village, Thiruchengodu taluk, Namakkal District encroachment made by the 9th respondent and further direct the respondents 1 to 7 to maintain the cart track without any encroachment and to maintain as cart track as per the civil court decree and sale deed purchased by the 9th respondent For Petitioner(s):

Mr.K.Karthikeyan For Respondent(s):

Mr.T.Arunkumar, Addl.G.P. for R1 to R7 Mr.M.Babu Muthu Meeran Addl.P.P. for R8 Mr.R.T.Vishnu for R9

ORDER

(Order of the Court was made by S.M.Subramaniam J.) With reference to the relief sought for in the present writ petition, the Tahsildar, Tiruchengode, conducted survey and provided written instruction to the Government Pleader, vide letter dated 07.01.2026. The said letter would show that no pathway or detailed plan mark are available for claiming any such pathway. In the absence of any revenue records, the Tahsildar is unable to form an opinion regarding encroachment.

2. Learned counsel for the petitioner would submit that a Civil Court decree has been obtained and a sale deed has been executed, demarcating the cart track.

3. If so, the petitioner is at liberty to move the competent Civil Court for appropriate relief. With this clarification, the Writ Petition stands disposed of. No costs.

(S.M.S.,J.) (K.S.,J.) 23-03-2026 Index: Yes/No Speaking/Non-speaking order VSI To

1. The District Collector Namakkal District, Namakkal

2. The District Revenue Officer, Namakkal District, Namakkal

3. The Revenue Divisional Officer, Thiruchengodu Division, Namakkal District.

4. The Tahsildar, Thiruchengodu Taluk, Namakkal District.

5. The Taluk Surveyor, Thiruchengodu Taluk, Namakkal District.

6. The Revenue Inspector Elanchipalayam Firka, Thiruchengodu Taluk, Namakkal District.

7. The Village Administrative Officer Unjanai Village, Thiruchengodu Taluk, Namakkal District.

8. The Inspector Of Police, Thiruchengode Police Station, Namakkal

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

VSI 23-03-2026