K.Irulan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Irulan ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.

3.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

4.The Block Development Officer, Kariapatti Panchayat Union, Kariapatti, Virudhunagar District.

5.The President, Kambikudi Village Panchayat, Kariapatti Taluk, Virudhunagar District.

6.Chella Mooper 7.Muthu Karuppan 8.Mariyammal 9.Meenakshi 1/6

10.Paulraj 11.Marimuthu 12.Gurusamy 13.Muthuchammy 14.Oyyanan 15.Andisamy 16.Kannan 17.Murugan 18.Petchi 19.Rajangam 20.Erammal 21.Ramachandran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to remove all kinds of encroachments made by respondents 6 to 18 over the plan marked cart track pathway which is running through S.Nos.81, 82, 162, 163, 164, 165, 166, 173, 179 and 180 of Pichampatti Village, Karaipatti Taluk, Virudhunagar District and restore the cart track pathway to the original position, within the time that may be stipulated by this Court.

For Petitioner :

Mr.S.Balamurugan For RR1 to 4 :

Mr.P.Thilakkumar Government Pleader For RR6 to 21 :

Mr.T.Antony Arulraj 2/6

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct the official respondents to remove all kinds of encroachments made by respondents 6 to 18 over the plan marked cart track pathway which is running through S.Nos.81, 82, 162, 163, 164, 165, 166, 173, 179 and 180 of Pichampatti Village, Karaipatti Taluk, Virudhunagar District and restore the cart track pathway to its original position.

2. In a similar Public Interest Litigation filed by one P.Mari in W.P.(MD) No.24572 of 2023, a Division Bench of this Court considered the issue and passed the following order on 13.10.2023: "6.We are informed that respondents 14 and 15 have filed suits in O.S.Nos.137 and 112 of 2022, respectively on the file of learned District Munsif, Aruppukkottai for declaration pertaining to S.Nos. 180/8B and 180/10A. We make it clear that these two suits will also proceed on their own merits and in accordance with law uninfluenced by / untrammelled by this order which has been made for the limited purpose of giving a closure to captioned PIL. We deem it appropriate to add that any other suits exercising the civil right by any person pertaining to 3/6

said cart track shall also proceed on its own merits and in accordance with law uninfluenced by / untrammelled by this order.

7.Captioned writ petition is disposed of and captioned WMPs are disposed of as closed, in the aforesaid manner. There shall be no order as to costs."

3. In view of the above order, no further adjudication is required in the present Writ Petition and the same stands disposed of. However, liberty is given to the parties to settle their issue through civil Court of law. There shall be no order as to costs. [S.M.S., J.] [A.D.M.C., J.] 29.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/6

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.

3.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

4.The Block Development Officer, Kariapatti Panchayat Union, Kariapatti, Virudhunagar District.

5/6

S.M.SUBRAMANIAM, J.

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

abr 29.07.2025 6/6