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Madras High CourtWP(MD)/20051/2023dismissed

Kumaravel v. The District Collector

2025-12-11Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2025

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.20051 of 2023 & W.M.P(MD)No.16521 of 2023 Kumaravel

...Petitioner

vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Superintendent of Police, Dindigul District, Dindigul.

3. The Revenue Divisional Officer, Palani, Dindigul District.

4. The Tahsildar , Vedasanthur Taluk,

5. The Block Development Officer,

6. The President, Pilathu Panchayat, Vadamadurai Via, Vedasanthur Taluk, 1/6

7. The Inspector of Police, Vadamadurai Police Station,

...Respondent

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, forbearing the 6th Respondent from interfering with the peaceful possession and enjoyment of the petitioner's Patta land in Survey No.121/6B, situated at Pilathu village, Vadamadurai, Vedasanthur Taluk, Dindigul District and consequently forbear the 6th Respondent from laying a road on patta land of the petitioner in Survey No. 121/6B, situated at Pilathu village, Vadamadurai, Vedasanthur Taluk, Dindigul District. For Petitioner : Mr.S.Senthil Kumar For Respondent : Mr.A.Oliraja, Government Advocate for R1, R3, R4 & R5 Mr.A.Albert James, Government Advocate (Crl. Side), R2 & R7 No appearance for R6

ORDER

This Writ Petition has been filed to forbear the sixth Respondent from interfering with the peaceful possession and enjoyment of the petitioner on the Patta land in Survey No.121/6B, Pilathu village, Vadamadurai, Vedasanthur Taluk, Dindigul District and consequently forbear the sixth Respondent from laying a road on the patta land of the petitioner. 2/6

2. The learned counsel appearing for the petitioner would submit that the petitioner's patta land has been used as a public road and now, the respondents intend to lay a thar road therein. Hence, the present petition.

3. The learned Government Advocate appearing for the respondents 1, 3 to 5 would submit that the subject land is Government poromboke, which has been used as a road by the public for more than 10 years and it is not a patta land of the petitioner. Therefore, the Authorities intend to lay a thar road.

4. I have given due consideration to the submissions made on either sides.

5. According to the learned Government Advocate, the subject land is a Government poromboke and hence, they intend to lay a thar road. However, according to the petitioner, it is his patta land. Such being the case, unless and otherwise, the subject land is measured, it cannot be found out whether the subject land is a Government poromboke or patta land. In the present case, the petitioner has not taken any step to measure the subject land and lay survey stones therein. In such circumstances, this Court is not inclined to issue a mandamus as sought for by the petitioner. 3/6

6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 11.12.2025 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi 4/6

To

1. The District Collector, Dindigul District, Dindigul.

2. The Superintendent of Police, Dindigul District, Dindigul.

3. The Revenue Divisional Officer, Palani, Dindigul District.

4. The Tahsildar , Vedasanthur Taluk,

5. The Block Development Officer,

6. The President, Pilathu Panchayat, Vadamadurai Via, Vedasanthur Taluk,

7. The Inspector of Police, Vadamadurai Police Station, 5/6

KRISHNAN RAMASAMY, J.

mbi 11.12.2025 6/6