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Madras High CourtWP(MD)/2058/2026disposed of

Karuthappandiyan v. The District Collector

2026-01-29Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Karuthappandiyan ... Petitioner -vs1.The District Collector, Tenkasi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil Taluk, Tenkasi District.

3.The Tahsildar, Tahsildar Office, Sankarankovil Taluk, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to compete the enquiry and to pass orders within a stipulated time on the letter forwarded by the second respondent to the third respondent for enquiry in L.Dis.RDOSKL/3802/2025-B3 dated 08.12.2025, in pursuance of the petitioner's representation dated 14.07.2025.

For Petitioner : Mr.R.Rajamohan For Respondents : Mr.B.Ramanathan Additional Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to compete the enquiry and to pass orders within a stipulated time on the letter forwarded by the second respondent to the third respondent for enquiry in L.Dis.RDOSKL/3802/2025-B3 dated 08.12.2025, in pursuance of the petitioner's representation dated 14.07.2025.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner is the absolute owner of 10 cents (4356 sq.ft.) of land in Survey Nos.1048/3D and 1048/2E at Karivalamvanthanallur Village, Sankarankovil Taluk, Tenkasi District, purchased through registered sale deeds in 2007 and 2008, and has been in continuous, peaceful possession and enjoyment of the property, paying land revenue regularly. The only access to the petitioner's land is through a long-

established public pathway in Survey No.1048/2A6 and Survey Nos.1048/3A, 3B, and 3C, which has been openly used by the village community for decades. The pathway has been illegally obstructed by private individuals, and a patta has been wrongly issued in Patta No.3567 in respect of Survey No.1048/2A6, enabling encroachment and denying access to the petitioner. Despite submitting a representation for cancellation of the illegal patta and removal of the obstruction, forwarded for enquiry by the second respondent to the third respondent on 08.12.2025, no action has been taken. The petitioner therefore seeks a direction to the respondents to cancel the illegal patta, remove the obstruction, and restore lawful access to the petitioner's property.

4. The learned Additional Government Pleader appearing for the respondents would submit that the petitioner's representation will be considered and appropriate orders will be passed on merits and in accordance with law within a time frame to be fixed by this Court.

5. Recording the above submission, and without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the third respondent to consider the petitioner's representation dated 14.07.2025, and

pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. Needless to state that in the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 29.01.2026 smn2 To:- 1.The District Collector, Tenkasi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil Taluk, Tenkasi District.

3.The Tahsildar, Tahsildar Office, Sankarankovil Taluk, Tenkasi District.

K.SURENDER , J.

smn2 29.01.2026