M.Gurusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN M.Gurusamy ... Petitioner vs.

1.The District Collector, District Collectorate Building, Thoothukudi District.

2.The Sub Collector, O/o. Sub Collector Office, Kovilpatti - 628501.

Thoothukudi District.

3.The Tahsildar, Kovilpatti, Thoothukudi District.

4.S.Vijayalakshmi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 4 herein to take appropriate action as against the 5th respondent by violating and 1/5

put up construction in the pathway access of the petitioner's S.No. 436/8 and 436/9 situated at Thuraiyur Village, Kovilpatti Taluk, Thoothukudi District by considering the petitioner's representation dated 06.03.2026. For Petitioner : Mr.K.Kevinkaran For Respondents : Mr.B.Saravanan Senior Counsel for Mr.M.P.Senthil Counsel for Government of Tamilnadu

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to respondents 1 to 4 to take appropriate action against the fifth respondent for allegedly encroaching upon and raising construction in the pathway providing access to the petitioner's lands in Survey Nos. 436/8 and 436/9 situated at Thuraiyur Village, Kovilpatti Taluk, Thoothukudi District, by considering the petitioner's representation dated 06.03.2026.

2. The main grievance of the petitioner is that the fifth respondent has obstructed the pathway used by the petitioner. In such circumstances, we are of the view that the dispute involves questions of civil rights and possession, for 2/5

which the appropriate remedy lies before the competent Civil Court and not under Article 226 of the Constitution of India. We find no merit in the present Writ Petition.

3. Accordingly, the Writ Petition stands dismissed. No costs. [N.S.K.,J.] [M.J.R.,J.] 01.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 3/5

To 1.The District Collector, District Collectorate Building, Thoothukudi District.

2.The Sub Collector, O/o. Sub Collector Office, Kovilpatti - 628501.

Thoothukudi District.

3.The Tahsildar, Kovilpatti, Thoothukudi District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN DATED : 01.06.2026 5/5