V.R.Chidambaran v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.12851 & 12852 of 2025 V.R.Chidambaram ... Petitioner Vs.

1.The District Collector, Karur District.

2.The Tahsildar, Pugalur Taluk, Karur District.

3.The Village Administrative Officer, Punjai Pugalur North Village, Pugalur Taluk, Karur District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent herein vide Na.Ka.Aa.1/13764/2021, dated 24.03.2025 quash the same as illegal, arbitrary and contrary to the principles of 1/4

natural justice and consequently, to forbear the respondents from in any manner interfering with the peaceful possession and usage of land in S.F.No.167/A. For Petitioner : Mr.C.Rajakumar For Respondents : Mr.V.OM.Prakash, Government Advocate

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The appellate order dated 24.03.2025 passed by the District Collector / 1st respondent under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, is under challenge in this Writ Petition.

2.The learned counsel appearing for the petitioner would mainly contend that part of encroachments are already removed and now, the Village Administrative Officer / 3rd respondent is attempting to obstruct the pathway and therefore, the petitioner has chosen to file the present Writ Petition. 3.Regarding the right to use pathway or protecting the compound wall already constructed, the petitioner has to approach the competent civil Court of 2/4

law. Since it is a civil right, the aggrieved party must establish his right in the manner known to law by approaching the competent civil Court. However, High Court in a Writ proceedings cannot adjudicate disputed facts of civil in nature and thus, the petitioner is at liberty to approach the competent civil Court for redressal of his grievance.

4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 23.06.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Karur District.

2.The Tahsildar, Pugalur Taluk, Karur District.

3.The Village Administrative Officer, Punjai Pugalur North Village, Pugalur Taluk, Karur District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 23.06.2025 4/4