Madras High CourtWP(MD)/11260/2023disposed of

Ramasamy.M v. The District Collector

2025-12-09Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 09.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.11260 of 2023 and W.M.P.(MD).No.9827of 2023 M.Ramasamy ... Petitioner Vs

1. The District Collector, Ramanathapuram, Ramanathapuram District.

2. The Revenue Divisional Officer, Kamuthi, Ramanathapuram District.

3. The Tahsildar, Kamuthi, Ramanathapuram District.

4. The Block Development Officer, Kamuthi, Ramanathapuram District.

5. The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

6. The President, Koodakulam Village Panchayat, Kamuthi Taluk, Ramanathapuram District.

1/6

7. Santhanapandi

8. Boobathi

9. Rajasekar

10. Thavamani

11. Subramani ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents No.1 to 6 not to lay any baby bond (Pannai Kuttai) in Sy.Nos. 86/4, 86/5 and 86/6, Koodakulam Village, Kamuthi Taluk and Ramanathapuram District, without leaving pathway to reach petitioner's agricultural lands in Sy.Nos.89/1, 89/2, 89/3B, 88/1, 87/6, 87/7, 87/5 and 87/4, Koodakulam Village, Kamuthi Taluk and Ramanathapuram District and also directing the Respondent No.1 to 6 to leave sufficient space from the Patta lands to avoid soil erosion.

For Petitioner : Mr.R.Balakrishnan For R-1 to R-3 : Mr.K.Balasubramani, Special Government Pleader For R-4 & R-6 : Mr.M.Siddharth, Additional Government Pleader For R-5 : Mr.A.Albert James, Government Advocate (Criminal Side) For R-7 to R-11 : Mr.R.Ganesh Prabhu 2/6

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 6 not to lay any baby pond (Pannai Kuttai) in Survey Nos.86/4, 86/5 and 86/6 at Koodakulam Village, Kamuthi Taluk, Ramanathapuram District, without leaving a pathway to reach the petitioner's agricultural lands in Survey Nos.89/1, 89/2, 89/3B, 88/1, 87/6, 87/7, 87/5 and 87/4 in the same village, and further to direct the respondents 1 to 6 to leave sufficient space from the patta lands to avoid soil erosion.

2. The learned counsel appearing for the petitioner would submit that the petitioner purchased the properties in Survey Nos.89/1, 89/2, 89/3B, 88/1, 87/6, 87/7, 87/5 and 87/4, measuring an extent of 25 acres, by virtue of registered sale deeds, and the patta has also been issued in his name. He is in possession and enjoyment of the said lands. The grievance of the petitioner is that, in order to prevent access to his agricultural lands, the respondent Nos.7 to 11 have submitted a representation to the sixth respondent seeking permission to dig a baby pond in Survey Nos.86/4, 86/5 and 86/6. It is submitted that the sixth respondent, without considering the necessity of a new baby pond and 3/6

without taking note of the existing baby ponds already situated in Survey Nos.87/6, 87/7 and two other locations, has proposed to form a new baby pond in the above survey numbers. The petitioner contends that the proposed area is in fact being used as a pathway to reach his agricultural lands. Hence, the present writ petition has been filed.

3. The learned Special Government Pleader appearing for respondent Nos.1 to 3 would submit that the alleged pathway may be inspected, and thereafter, the petitioner's request will be duly considered.

4. Considering the submissions made on either side, this Court is of the view that the petitioner's father had been using the subject pathway for nearly three decades. If the petitioner is not provided with any access route to his agricultural lands, he would certainly be adversely affected. Therefore, this Court directs respondent Nos.2 to 4 to visit the petitioner's lands, conduct a proper inspection, ascertain whether the petitioner has any alternative pathway, and thereafter pass appropriate orders enabling the petitioner to have necessary access to his agricultural lands.

4/6

5. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 09.12.2025 Index : Yes/No Internet: Yes/No TSG To