Karuppasamy v. The District Collector/Monitoring Commitee,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.06.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Karuppasmy ... Petitioner Vs.

1. The District Collector/Monitoring Commitee, Tenkasi District, Tenkasi.

2. The Assistant Director (Panchayat), Rural Development and Panchayat Raj Department, Tenkasi, Tenkasi District.

3. The Block Development Officer, Sankarankovil Panchayat Union,

4. The Tahsildhar, Sankarankovil Taluk,

5. The President, Kalappakulam Panchayat,

6. Mariappan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents No.1 to 5 to remove the encroachment on the common pathway 1/4

comprised in Survey No.770/3 situated at Puliyampatti Colony, Kalapakulam Village, Sankarankovil Taluk, by demolishing the illegal toilet room structure being constructed by 6th respondent, on the basis of the petitioner's representation dated 06.03.2026.

For Petitioner : Mr.T.Indrachithu For R1 to R5 : Mr.S.Venkatesh Counsel for State

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has sought for a Mandamus, directing the Respondent Nos. 1 to 5 to remove the encroachment on the common pathway comprised in Survey No.770/3 situated at Puliyampatti Colony, Kalapakulam Village, Sankarankovil Taluk, by demolishing the illegal toilet room structure being constructed by 6th respondent, on the basis of the petitioner's representation dated 06.03.2026.

2. When we posed a question to the learned counsel for the petitioner as to the classification of the subject land, learned counsel brought to our notice 'A' Register annexed in the typed set of papers. Perusal of the same indicates that Survey No.770/3 is classified as a house-site and punja land and it is not a Government land. Learned counsel for the State also, on instructions from the 2/4

4th respondent/Tahsildar, has affirmed the same and produced the details of the village accounts in this regard. Since the subject land is classified as house site and punja land, the question of removing the encroachment does not arise. If at all the the petitioner has any right over the pathway in question, he has to file appropriate civil suit to establish easementary rights before the competent Civil Court.

3. In that view of the matter, the Writ Petition is dismissed. No costs. [N.S.K., J.] & [M.J.R., J.] 10.06.2026 Index : Yes / No : Yes / No bala To

1. The District Collector/Monitoring Commitee, Tenkasi District, Tenkasi.

2. The Assistant Director (Panchayat), Rural Development and Panchayat Raj Department, Tenkasi, Tenkasi District.

3. The Block Development Officer, Sankarankovil Panchayat Union, 3/4

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala

4. The Tahsildhar, Sankarankovil Taluk,

5. The President, Kalappakulam Panchayat, ORDER MADE IN DATED :

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