K.V Mariappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.35002 of 2025 K.V.Mariappan ... Petitioner -vs1.The District Collector, Tenkasi District, Tenkasi.

2.The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

4.The Tashildar, Sankarankovil Taluk, Tenkasi District.

5.Srinivasan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents 1 to 4 herein to remove encroachment made by the fifth respondent in the Nilaviyal pathway in S.No.306, Velayuthapuram, Perumalpatti Village, Sankarankovil Taluk, Tenkasi District. For Petitioner :

Mr.M.Thirunavukkarasu For R1 to R4 :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The petitioner alleges that his neighbouring land owner of the property in Survey Nos.306/1 & 2 and Survey No.308/7 & 6/ fifth respondent herein, has encroached the common pathway. The petitioner claims that he is the owner of the Survey No.304/1A.

2.The learned Special Government Pleader states that the status report filed by the District Revenue Officer indicates that there is no pathway according to 'A'

Registrar. However, the foot pathway adjacent to Survey No.304 has been marked. The fifth respondent leaving 1.2 metres on the southern side of his patta land as pathway, has fenced the remaining land. 3.We find that if the petitioner herein is aggrieved by the encroachment of his land, it is always open to him to approach the Survey Authority to measure his land and identify any encroachment. The averment in the affidavit claiming right of pathway in the patta land of the fifth respondent cannot be entertained, while the revenue records does not disclose the existence of any pathway, except for a marking in the 'A' Register. If the petitioner is still of the view that there is an encroachment in his property or in the access to his property, he has to make an appropriate application to the authority concerned and seek for remedy. This Court is not inclined to entertain this writ petition, which is speculative in nature. Accordingly, this Writ Petition is dismissed. No costs. [G.J., J.] [K.K.R.K., J.] 04.12.2025 NCC : Yes / No

Index : Yes / No Internet : Yes / No

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

cp To:

1.The District Collector/Monitoring Committee, Sivagangai District, Sivagangai.

2.The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

3.The Block Development Officer, Thirupuvanam, Thirupuvanam Taluk, Sivagangai District.

W.P.(MD) No.35002 of 2025 04.12.2025