S.Valiyan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2026
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.S.Valiyan 2.Mani ... Petitioner Vs.
1.The District Collector, Tiruchirappalli District, Tiruchirappalli.
2.The Revenue Divisional Officer, Musiri, Tiruchirappalli District.
3.The Tahsildar, Musiri Taluk, Tiruchirappalli District.
4.The Firka Surveyor, Taluk Office Musiri, Tiruchirappalli District.
5. Moorthi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to conduct proper survey and demarcation of the lands in S.No.364/2G1B1, to restore and record the 15 links width common pathway as per the civil court decree passed in O.S.No.240 of 2005, on the file of District Munsif Court, Musiri, dated 1/5
03.04.2008 as confirmed in Appeal Suit No.62 of 2009 on the file Principal District Judge, Tiruchirapalli dated 09.12.2010, to cancel the erroneous subdivision and joint patta No.1398 dated 24.01.2026 insofar as it affects the pathway and to consider the petitioner's applications dated 13.01.2026. For Petitioner : Mr.S.Balamurugan For R-1 to R-4 : Mr.T.Amjad Khan Government Advocate
ORDER
The present Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to conduct proper survey and demarcation of the lands in S.No.364/2G1B1, to restore and record the 15 links width common pathway as per the civil court decree passed in O.S.No.240 of 2005, on the file of District Munsif Court, Musiri, dated 03.04.2008 as confirmed in Appeal Suit No. 62 of 2009 on the file Principal District Judge, Tiruchirapalli dated 09.12.2010, to cancel the erroneous subdivision and joint patta No.1398 dated 24.01.2026 insofar as it affects the pathway and to consider the petitioner's applications dated 13.01.2026.
2.The contention of the petitioners is that, even as per the civil court decree in O.S. No. 240 of 2005 on the file of the District Munsif Court, Musiri, as confirmed by the Principal District Judge, Tiruchirappalli in A.S. No. 62 of 2009, a pathway is in existence. However, the said pathway has not been reflected in the 2/5
revenue records. Therefore, the petitioners seek to have the property surveyed, to assign a separate survey number to the pathway, and to rectify the revenue records accordingly.
3. In view of the above, respondents 2 to 4 are directed to survey the property after issuing notice to the petitioners, the fifth respondent, and any other rival claimants, if any, and thereafter pass appropriate orders in accordance with the judgment and decree in O.S. No. 240 of 2005 and A.S. No. 62 of 2009, within a period of four months from the date of receipt of a copy of this order.
4. With the above direction, the writ petition stands disposed of. No costs. NCC : Yes / No 01.04.2026 Index : Yes / No Internet : Yes am 3/5
To:
1.The District Collector, Tiruchirappalli District, Tiruchirappalli.
2.The Revenue Divisional Officer, Musiri, Tiruchirappalli District.
3.The Tahsildar, Musiri Taluk, Tiruchirappalli District.
4.The Firka Surveyor, Taluk Office Musiri, Tiruchirappalli District.
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S.SRIMATHY , J.
am ORDER MADE IN DATED : 01.04.2026 5/5