Madras High CourtWP(MD)/14192/2026disposed of

Sundharamoorthy v. The District Collector

2026-06-08Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P(MD)No.14192 of 2026 Sundharamoorthy ... Petitioner vs.

1.The District Collector, Dindigul District, 2.The Revenue Divisional Officer, Dindigul, 3.The Tahsildar, Taluk Office, Dindigul East Taluk, 4.The Block Development Officer, Dindigul East, 5.The Village Administrative Officer, Dindigul East, 1/5

6.The Secretary, Ihsania Educational and Charitable Trust, Door No.12/9, Jinnah Nagar, Begampur, ... 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 remove the encroachment made in Survey No.179/6A, 180/2A, 180/2B, 181/4D, 180/4E, Adiyanoothu Village, Dindigul East, Dindigul District within the period that may be stipulated by this Court.

For Petitioner : Mr.P.Manikandan For R1 to R5 : Mr.M.S.Parthiban Counsel for State For R6 : M/s.Jasimma Yasmin for M/s.Ajmal Associates

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present writ petition seeking a writ of mandamus directing the respondents to remove the encroachments allegedly made in Survey Nos. 179/6A, 180/2A, 180/2B, 181/4D, and 180/4E situated in Adiyanoothu Village, Dindigul East Taluk, Dindigul District. 2/5

2. The grievance of the petitioner is that certain private individuals have encroached upon the pathway located in Survey Nos. 179/6A, 180/2A, 180/2B, 181/4D, and 180/4E of Adiyanoothu Village, Dindigul East Taluk, Dindigul District.

3. It is seen from the records that there is no entry in the revenue records indicating the existence of a cart track in the said survey fields. In the absence of such an entry, the petitioner cannot seek removal of the alleged encroachments by way of a writ petition. If the petitioner seeks to establish an easementary right over the pathway, it is open to him to approach the competent Civil Court by instituting an appropriate civil suit.

4. In view of the above, the writ petition stands disposed of. No costs. [N.S.K.,J.] [M.J.R.,J.] 08.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 3/5

To 1.The District Collector, Dindigul District, 2.The Revenue Divisional Officer, Dindigul, 3.The Tahsildar, Taluk Office, Dindigul East Taluk, 4.The Block Development Officer, Dindigul East, 5.The Village Administrative Officer, Dindigul East, 4/5

N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN W.P(MD)No.14192 of 2026 DATED : 08.06.2026 5/5