Aswathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25175 of 2023 and W.M.P(MD).No.21391 of 2023 Aswathi ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, 3.The Thasildar, Alangulam Taluk Office, 4.The Village Administrative Officer, Maranthai Village, 5.The Block Development Officer (VP), Alangulam Panchayat Union, Alangulam, Tenkasi District.

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6.The President, Maranthai Village Panchayat,

7. Abeykumar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 - 6 from forming any pathway and interfere with petitioner's peaceful possession and enjoyment of the petitioner's land in S.No.696/21D, Maranthai Village, Alangulam Taluk, Tenkasi District based on the representation dated 05.09.2023 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner :

Mr.S.Kumar For R1 to R6 :

Mr.M.Senthil Ayyanar, Government Advocate For R7 :

Mr.T.Lenin Kumar

O R D E R

The present writ petition has been filed seeking a mandamus forbearing the respondents 1 to 6 from forming any pathway or road in the petitioner's patta land in S.No.696/21D, Maranthai Village, Alangulam Taluk, Tenkasi District based upon his representation dated 05.09.2023. 2/6

2. A perusal of the records reveal that the above said survey number is the private patta land of the petitioner. Counter has been filed by the 5th respondent. Paragraph No.8 of the said counter is extracted as follows:- "It is submitted that in the above said factual matrix, on verification of the revenue records it is revealed that the Survey Nos.696/21D, 696/1A, 696/2 are shown as Patta land. At the same time, the existed mud road also go through the Survey No. 696/21D and 696/1A. Hence, the 5th respondent sent request letter vide Na.Ka.No.BDOALG/23/2024-B3 dated 18.01.2024 to the District Adi Dravidar Welfare Officer, Tenkasi, thereby, highlighted the necessity of the part of the land in Survey No. 696/21D and 696/1A to lay the road upto the cremation yard of schedule caste community from their residential area and requested them to take necessary steps to acquire the said land in accordance with law for the welfare of the schedule caste community people of Maranthai Village. The said request is under progress."

3. In view of the above said facts, it is clear that the respondent officials are taking steps to acquire the private patta land of the petitioner. Until and unless, the private patta land is acquired, the respondents will not be entitled to lay any pathway or road in the above said survey numbers. 3/6

4. The learned counsel appearing for the 5th respondent, on the basis of written instructions received, submitted that steps have already been taken to acquire the private land of the writ petitioner for the purpose of forming a road to access the cremation ground. The respondents 1 to 3 are directed to expedite the said process. The said exercise shall be commenced within a period of four (4) months from the date of receipt of a copy of this order.

5. With the above said observations, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

13.02.2026 (2/2) NCC : Yes / No Index : Yes / No Internet : Yes / No pal To 1.The District Collector, 2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, 4/6

3.The Thasildar, Alangulam Taluk Office, 4.The Village Administrative Officer, Maranthai Village, 5.The Block Development Officer (VP), Alangulam Panchayat Union, Alangulam, Tenkasi District.

6.The President, Maranthai Village Panchayat, 5/6

R.VIJAYAKUMAR,J.

pal W.P(MD)No.25175 of 2023 13.02.2026 (2/2) 6/6