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Madras High CourtWP(MD)/6820/2026disposed of

Muthukumar v. The District Collector,

2026-03-12Honourable Mr Justice D.Bharatha Chakravarthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-03-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Muthukumar ... Petitioner Vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

3. The Tahsildar, Peravurani Taluk, Thanjavur District.

4. Perumal ... Respondents 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 pursuant to the Impugned Proceedings in Na.Ka.2119/2025/Aa6 dated 08.09.2025 passed by the 3rd Respondent and quash the same as directing the Respondents 1 to 3 to conduct spot visit and verify the Village Accounts, and provide pathway to the Petitioners house situated in S.No.493/1 to an extent of 1/6

003.5 Ares in patta No.185 at Sengamangalam Village, Peravurani Taluk, Thanjavur District and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner : Mr.B.Anandan For R1 to R3 : Mr.M.Lingadurai Special Government Pleader

ORDER

The writ petition is filed for a certiorarified mandamus calling for records relating to the impugned order dated 08.09.2025 and quash the same and consequently direct the respondents to create and maintain the pathway to the petitioner's house.

2. Heard Mr.B.Anandan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who takes notice for R1 to R3.

3. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it is the grievance of the petitioner that the petitioner has no other option than to use the land in 2/6

S.No.493/1, admeasuring an extent of 003.5 ares in Patta No.185 situated at Sengamangalam Village, Peravurani Taluk, Thanjavur District as a pathway. The respondent authorities, without considering the same, granted patta in favour of the ancestors of the 4th respondent, and the 4th respondent is now interfering with the petitioner's right of pathway and is further preventing the petitioner from using the said pathway. Aggrieved by the same, the petitioner is before this Court.

4. Heard the learned counsel on either side and perused the material records of the case.

5. It is the case of the petitioner that Survey No. 493/1 is a patta land standing in the name of the 4th respondent and his ancestors. If that be so, even assuming that the petitioner has no alternative pathway, it is open to the petitioner to approach the competent Civil Court and claim an easement of necessity against the 4th respondent. The respondents 1 to 3 cannot interfere with or enter upon the private property of the 4th respondent to create a pathway.

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6. In view thereof, the writ petition is disposed of keeping open the liberty to the petitioner to approach the competent Civil Court for his relief against the 4th respondent. No costs.

12.03.2026 Index: Yes Speaking Order: Yes rgm 4/6

To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

3. The Tahsildar, Peravurani Taluk, Thanjavur District.

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D.BHARATHA CHAKRAVARTHY, J.

rgm 12.03.2026 6/6