Kalimuthu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI and W.M.P(MD)No.3979 of 2026 Kalimuthu ... Petitioner Vs.
1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer / Sub Collector, Kulithalai, Karur District.
3.The Tahsildar, Kadavur Taluk, Karur District.
4.The Block Development Officer, Kadavur Panchayat Union, Karur District.
5.Thangamani 6.Dhandapani ... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings made in Na.Ka.A1/110/2025 dated 06.02.2026 on the file of the 3rd respondent and quash the same and directing the Respondents 1 to 4 to remove the encroachment made by the 5th and 6th Respondents on the Government poramboke pathway land in S.No.51 situated at Kalayapatti Village Group, Kadavur Taluk, Karur District and restore the pathway.
For Petitioner : Mr.V.Kannan For Respondents : Mr.D.Sasi Kumar Additional Government Pleader for R.1 to R.4
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.) Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4. Considering the nature of relief to be granted, issuance of notice to the respondents 5 and 6 is dispensed with.
2.The petitioner assails the communication dated 06.02.2026 sent by the Tahsildar, Kadavur to the District Collector, Karur. It is merely a 2/5
recommendation. A proposal submitted by a Tahsildar to his superior authority cannot be amenable to challenge in writ jurisdiction. The petitioner's grievance appears to be that the encroachment of a public road is sought to be regularised. If the proposal fructifies into action, then the petitioner will have the cause of action. At this stage, the writ petition has been prematurely filed.
3.The petitioner is permitted to lodge his objections before the first respondent. The first respondent is bound to take the petitioner's objections into account before passing any final order on the impugned proposal dated 06.02.2026. If the District Collector overrules the petitioner's objections, copy of the order shall be communicated to the petitioner forthwith so that the petitioner can move this Court again for appropriate relief. The very institution of this writ petition shall be treated as notice to the District Collector, Karur and all the averments set out in the affidavit shall be duly considered by the District Collector while passing orders on the proposal submitted by the Tahsildar, Kadavur.
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4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [R.K.M, J.] 20.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer / Sub Collector, Kulithalai, Karur District.
3.The Tahsildar, Kadavur Taluk, Karur District.
4.The Block Development Officer, Kadavur Panchayat Union, Karur District.
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G.R.SWAMINATHAN,J.
AND R.KALAIMATHI , J.
MGA 20.02.2026 5/5