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Madras High CourtWP(MD)/22097/2025disposed of

V.Mathanmohan v. The District Collector,

2026-01-28Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.22097 of 2025 & W.M.P(MD)No.17205 of 2025 V.Mathanmohan

...Petitioner

vs.

1.The District Collector, Dindigul District, Dindigul.

2.The District Forest Officer, Dindigul District, Dindigul.

3.The Forest Range Officer, Natham Range, Natham, Dindigul District.

4.The Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, St.George Fort, Chennai - 600 009.

...Respondents

(R4 is suo motu impleaded vide Court order dated 23.10.2025 in W.P.(MD)No.22097 of 2025) Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents to take appropriate steps to restore and maintain the public pathway as notified in Government Gazette No.41, dated 20.10.1891, running from Uluppakudi, Kannimar Koil, via S.F.No.1 (Old S.F.No.2) to Kallanai Karuppusamy Koil and Kannimar Ootru, falling within the Reserve Forest limits of Punnapatti Village, Natham 1/6

Taluk, Dindigul District, thereby enabling the Petitioner to access his agricultural land situated in New S.F.No.1 (Old S.F.No.2), now subdivided as S.F.Nos.1/2, 1/1A, 1/1B and 1/1C at Karanthamalai Forest Area, Natham Range, Dindigul District and consequently to forbear the Respondents and their subordinates from obstructing or preventing the petitioner from using the alternative pathway from Velayuthampatti, No.1, Puliyamaram, Pannaikadu, Mondi Mamarathu Ootru Koil Pirivu, Sumai Irakkum Puliyamaram, Thoppukadu to Kallanai Karuppusamy Koil, which has been in continuous public and private use including by the petitioner, his labourers, pending restoration of the original Gazette-notified pathway, pursuant to the petitioner's representation dated 01.07.2025. For Petitioner : Mr.B.Saravanan, senior counsel for Mr.A.N.Ramanathan For Respondents : Mrs.S.Jeyapriya, Government Advocate

ORDER

This Writ Petition has been filed to direct the respondents to restore and maintain the public pathway as notified in Government Gazette No.41, dated 20.10.1891, running from Uluppakudi, Kannimar Koil, via S.F.No.1 (Old S.F.No.2) to Kallanai Karuppusamy Koil and Kannimar Ootru, falling within the Reserve Forest limits of Punnapatti Village, Natham Taluk, Dindigul District, thereby enabling the petitioner to access his agricultural lands situated in New S.F.No.1 (Old S.F.No.2), now subdivided as S.F.Nos. 1/2, 1/1A, 1/1B and 1/1C at Karanthamalai Forest Area, Natham Range, 2/6

Dindigul District and consequently to forbear the respondents from obstructing or preventing the petitioner from using the alternative pathway from Velayuthampatti, No.1, Puliyamaram, Pannaikadu, Mondi Mamarathu Ootru Koil Pirivu, Sumai Irakkum Puliyamaram, Thoppukadu to Kallanai Karuppusamy Koil, which has been in continuous use by the public and private, including the petitioner and his labourers, pending restoration of the original Gazette-notified pathway, by considering the petitioner's representation dated 01.07.2025.

2. The learned counsel appearing for the petitioner would submit that the petitioner has given a representation on 01.07.2025 to restore and maintain the public pathway as notified in Government Gazette No.41, dated 20.10.1891, so as to enable the petitioner to access his agricultural lands and also to forbear the respondents from restraining the petitioner from using the alternative pathway, pending restoration of the original Gazette-notified pathway. However, the same is yet to be considered. Hence, the Writ Petition.

3. The learned Government Advocate appearing for the respondents would submit that the representation submitted by the petitioner will be disposed within the time stipulated by this Court. 3/6

4. In view of the same, without expressing any opinion on the merits of the matter, this Court directs the respondents 1 to 3 to consider the representation of the petitioner dated 01.07.2025 and dispose of the same, on its own merits and in accordance with law, taking into consideration of the Government Gazette No.41, dated 20.10.1891, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. In the meantime, the respondents are directed not to restrain the petitioner from using the alternative pathway from Velayuthampatti, No.1, Puliyamaram, Pannaikadu, Mondi Mamarathu Ootru Koil Pirivu, Sumai Irakkum Puliyamaram, Thoppukadu to Kallanai Karuppusamy Koil.

6. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 28.01.2026 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi 4/6

To 1.The District Collector, Dindigul District, Dindigul.

2.The District Forest Officer, Dindigul District, Dindigul.

3.The Forest Range Officer, Natham Range, Natham, Dindigul District.

4.The Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, St.George Fort, Chennai - 600 009.

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KRISHNAN RAMASAMY, J.

mbi 28.01.2026 6/6