K.Chinnaiah v. The State Of Tamilnadu Represented By The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.5873 of 2026 K.Chinnaiah ... Petitioner Vs

1. The State of Tamilnadu Represented by the District Collector, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Sivagangai, Sivagangai District.

3. The Tahsildar, Singampunari, Sivagangai District.

4. Subbiah ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned rejection order passed by the second respondent vide his proceedings in Pa.Mu.P1/21441/2018 dated 19.01.2022 and quash the same and consequently directing the second respondent to cancel the Survey No.110/2 111/16 and restore the same which is situated in Vengaipatti 1/5

Village, North Singampunari group, Singampunari Taluk, Sivagangai District within a time stipulation as fixed by this Court. For Petitioner : Mr. S.Balaji For R-1 to R-3 : Mr.A.Oliraja Government Advocate

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 19.01.2022 and consequently, direct the second respondent to cancel the Survey No.110/2 111/16 and restore the same which is situated in Vengaipatti Village, North Singampunari group, Singampunari Taluk, Sivagangai District.

2. The petitioner is claiming right over the property as ancestral property. The petitioner is relying on the 'A 'Register. In the 'A' Register, it is stated that the Survey No.110/2 is subdivided into A and B. Survey No. 110/2A stands in the name of Kuppan to the extent of 46 1/3 ares, whereas Survey No. 110/2B is standing in the name of Kuppan as well as Nilaviel pathway to the extent of 0.058 ares.

2/5

3. The contention of the petitioner is that, when Survey No. 110/2B is classified as a Nilaviel pathway, the official respondents are attempting to lay a road in Survey No. 110/2A, which belongs to the petitioner. However, the official respondents submitted that the road was laid only in Survey No. 110/2B. It is seen that the official respondents had not surveyed the property prior to laying the road.

4. In view of the above, the third respondent/Tahsildar is directed to survey the property with the assistance of the Surveyor after issuing notice to the petitioner as well as the fourth respondent. Both the Survey Nos. 110/2A and 110/2B shall be clearly marked. The official respondents are at liberty to lay the road only in Survey No. 110/2B. If the official respondents intend to lay the road in Survey No. 110/2A, they shall first acquire the property in accordance with law and thereafter proceed. The official respondents are restrained from laying any road in Survey No. 110/2A without such acquisition. Accordingly, the impugned order is set aside. The said the exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is allowed. There shall be no 3/5

order as to costs. Consequently, connected miscellaneous petition is closed. 17.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Collector, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Sivagangai, Sivagangai District.

3. The Tahsildar, Singampunari, Sivagangai District.

4/5

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 17.03.2026 5/5