Sekar K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD) No.10552 of 2025 and W.M.P.(MD) No.7883 of 2025 K.Sekar ... Petitioner /Vs./ 1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.
3.The Village Administrative Officer, Kurunthanivariyendhal Village, Sivagangai District.
4.Vanitha ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbear the respondents 1 to 3 from granting any Natham Patta pertains to the Natham land comprised in S.No. 508/21, to an extent of 20 feet width pathway, in S.No.508/21, in 1/5
Kayaodai Village, Pulikanmai Post, Kuruthanivariyendhal, Kalaiyarkovil Taluk, Sivagangai District and consequently direct the respondents 1 to 3 to ensure that the land in S.No. 508/21 to an exent of 20 feet remains accessible as a pathway for the petitioner's family's continued use by considering the representation of the petitioner dated 24.03.2025. For Petitioner : Mr.A.Mohan For R1 to R3 : Mr.M.Lingadurai Special Government Pleader
ORDER
Heard Mr.A.Mohan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader for the respondents 1 to 3. Mr.Suresh Kumar, Senior Revenue Inspector is present in person before this Court today.
2.The apprehension of the learned counsel for the petitioner is that the petitioner has been enjoying the pathway in Natham lands for the past several decades and all of a sudden, at the request of the fourth respondent, the Tashildar is now attempting to issue Natham patta to the fourth respondent, which would clearly impede the rights of passage that has been available to the writ petitioner all these years. 2/5
3.However, the learned Special Government Pleader, on instructions, would submit that as on date, there is no application pending with regard to any issuance of patta to the fourth respondent. As per the instructions of the Village Administrative Officer, the fourth respondent is in possession of S.No.508/21.
4.Be that as it may, the petitioner's objection is that there is a 20 feet pathway, which has been used for several decades in S.No.508/21. If at all there is any application seeking patta by the fourth respondent or any other person, then, the Tashildar shall carry out physical inspection and ascertain the availability of any such pathway as contended by the writ petitioner. The Tashildar shall also hear the objections of the writ petitioner before passing orders on any application that may be made seeking patta in respect of S.No.508/21.
5.With the aforesaid directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 17.04.2025 NCC : Yes / No 3/5
TO:- 1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.
3.The Village Administrative Officer, Kurunthanivariyendhal Village, Sivagangai District.
4/5
P.B. BALAJI , J.
mm Order made in Dated:
17.04.2025 5/5