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Madras High CourtWP(MD)/3245/2026disposed of

A.Mariyappan v. The District Collector

2026-02-06Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 06.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.3245 of 2026 A.Mariyappan ... Petitioner Vs

1. The District Collector, District Collector Office, Dindigul, Dindigul District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, Dindigul District.

3. The Tahsildar, Taluk Office, Nilakkottai Taluk, Dindigul District.

4. The Block Development Officer, Nilakkottai Taluk, Dindigul District.

5. Premkumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct 3rd respondent not to 1/6

divert Nilaviyal cart track in SF.No.15/1B and tank bund in S.F.No. 1C the path available to reach burial ground allotted for Adi Dravidar situate in SF.No. 16/12 and 13 situated at Oruthattu Village, Ammayanayakkanur Town Panchayat, Nilakkottai Circle, Dindigul District, as requested by the 5th respondent by considering petitioner's representation dated 19.01.2026.

For Petitioner : Mr.A.Aruljenifer For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 to R3 Mr.D.Gandhiraj, Spl. Govt.Pleader for R4

O R D E R

This Writ Petition is filed seeking a direction to the 3rd respondent not to divert Nilaviyal cart track in SF.No.15/1B and tank bund in S.F.No. 1C the path available to reach burial ground allotted for Adi Dravidar situate in SF.No. 16/12 and 13 situated at Oruthattu Village, Ammayanayakkanur Town Panchayat, Nilakkottai Circle, Dindigul District, as requested by the 5th respondent by considering petitioner's representation dated 19.01.2026.

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2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed as against the 5th respondent, notice to him is dispensed with.

3. The learned counsel appearing for the petitioner submitted that the respondents have made an attempt to divert Nilaviyal cart track in S.F.No.15/1B and tank bund in S.F.No.1C, the path available to reach burial ground allotted for Adi Drvaidar. He further submitted that in the event if the present access through Nilaviyalpathai and Water bund were diverted, the same would cause serious prejudice to the community using the burial ground and that apart through the proposed diversion, they cannot have access to their agricultural field. In this regard, the petitioner has also sent a representation on 19.01.2026. Since the said representation was not considered till date, the petitioner has filed this Writ Petition.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the 5th respondent has already filed a Writ Petition before this Court in W.P.(MD)No.5053 of 2025, seeking to consider his representation. This Court by order dated 3/6

25.02.2025, directed the 4th respondent herein to consider and pass orders on the representation of the petitioner. He would further submit that based on the order passed by this Court, enquiry is going on.

5. This Court heard the submissions made by the learned counsel appearing on either side and perused the materials available on record.

6. On a perusal of the records, it is seen that the 5th respondent herein has filed a Writ Petition before this Court seeking to consider his representation and this Court by order dated 25.02.2025, directed the 4th respondent herein to consider and pass orders on the representation of the petitioner dated 23.02.2024. Now, the petitioner has filed the present Writ Petition, seeking a direction to the 3rd respondent , not to divert the Nilaviyal Cart Track in the subject property and in this regard, the petitioner has also given a representation dated 19.01.2026. Therefore, the petitioner's grievance also needs to be addressed by the respondents before taking any decision with regard to diverting the present pathway leading to the burial ground. 4/6

7. In view of the above, this Court directs the respondents 3 and 4 to consider the representation of the petitioner dated 19.01.2026, along with any other representations made by any other party, and to decide whether diversion of the present pathway leading to the burial ground is required or not, and to pass orders on merits and in accordance with law. The above said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

8. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

06.02.2026 Index : Yes/No Internet: Yes/No vsm 5/6

KRISHNAN RAMASAMY, J.

vsm To

1. The District Collector, District Collector Office, Dindigul, Dindigul District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, Dindigul District.

3. The Tahsildar, Taluk Office, Nilakkottai Taluk, Dindigul District.

4. The Block Development Officer, Nilakkottai Taluk, Dindigul District.

W.P.(MD)No.3245 of 2026 06.02.2026 6/6