S.Prema v. The District Collector

Order The Writ Petition has been filed to direct the 3rd respondent to conduct an enquiry and alter the revenue records by removing the pathway in survey No. 385/1 situated at Kuppandampalayam village, Avinashi Taluk, Tiruppur district and consequently forbear the respondents from laying road or using it as pathway in the petitioner's patta land.

¶2Case of the petitioner is that on 20.07.1981, a free house site was assigned to her father-in-law through the Adi-dravidar Welfare Department, bearing house plot no.2, S.F.No.294/1, new S.F.No.385/3, in which the Page3 of 6 petitioner has constructed the house and residing. There are totally 8 adi-dravidar community families and they are residing in the above said survey number. In between these houses, there is common concrete road measuring an extent of about 20 feet. Behind their houses, there is a vacant patta land belonging to the petitioner and others. In these circumstances, the 5th respondent colluding with the 6th respondent has been illegally trying to convert the patta land into public pathway. Hence, the petitioner sent representation dated

02.01.2026 and the same has not been considered. Therefore, the petitioner has filed this writ petition.

¶3Though very many grounds have been raised, learned counsel for the petitioner limited his prayer to the extent that this Court may permit the petitioner to make application for survey the subject property in the presence of the respondents 4 and 5, in terms of the assignment order dated 20.07.1981 and after measurement, if it is found that the petitioner is enjoying any excess extent of land, the same may be taken over by the respondents 4 and 5 in accordance with law.

¶4Learned counsel for the respondents has no objections for such an order being passed by this Court. Page4 of 6

¶5Heard both sides and also perused the materials available on record.

¶6In view of the above submission of the learned counsel for the petitioner, this Court permits the petitioner to submit a fresh representation seeking survey and measurement of the subject property in question, in the presence of respondents 4 to 6, within a period of two weeks from the date of receipt of a copy of this order. Upon such representation being made, the respondents 4 and 5 shall conduct the survey of the subject land with reference to the Assignment Order dated 20.07.1981 and pass appropriate orders within a further period of two weeks. Till then, the respondents shall not take any coercive action against the petitioner. Further if upon such survey it is found that the petitioner is in possession and enjoyment of any extent of land in excess of that covered by the assignment, the same shall be taken possession by the respondents 4 and 5 in accordance with law.

¶7With the above observations, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 02-06-2026 Index: Yes/No Speaking/Non-speaking order SK Page5 of 6 To

¶1The District collector Tiruppur district

¶2The District Adi-Dravidar Welfare officer District collector office campus, Tiruppur district

¶3The Revenue Divisional officer Office of The Revenue Divisional officer, Tiruppur, Tiruppur district

¶4The Tahsildar Avinashi Tiruppur district

¶5The Block Development officer Office of the Panchayat Union, Avinashi, Tiruppur district WPoNo.o18486oofo2026 M.DHANDAPANIoJ. sk WPoNo.o18486oofo2026 AND WMPoNO.o19823oOFo2026 02-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-06-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI AND WMP NO. 19823 OF 2026 S.Prema W/o. Saminathan, No. 4/66 Kuppandampalayam Village and post, Avinashi Taluk, Tiruppur district 641 654 ..Petitioner(s) Vs 1. The District collector Tiruppur district 2. The District Adi-Dravidar Welfare officer District collector office campus, Tiruppur district 3. The Revenue Divisional officer Office of The Revenue Divisional officer, Tiruppur, Tiruppur district 4. The Tahsildar Avinashi Tiruppur district 5. The Block Development officer Office of the Panchayat Union, Avinashi, Tiruppur district 6. Perumal @ Rajesh S/o. Ammasai, No. 4/69 Kuppandampalayam Village and post, Avinashi Taluk, Tiruppur district 641654 ..Respondent(s) Page2 of 6 Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the 3rd respondent to conduct an enquiry and alter the revenue records by removing the pathway in survey No. 385/1 situated at Kuppandampalayam village, Avinashi Taluk, Tiruppur district and consequently forbear the respondents and their subordinates, agents, servants or any one from laying road or using it as pathway in the petitioners patta land comprised in Old Survey No. 294/1 , New Survey No. 385/3 situated at Kuppandampalayam village, Avinashi Taluk, Tirupur district by considering her husbands representation dated 2.01.2026 within the time limit to be stipulated by this Honble court and pass For Petitioner(s): Mr.M.Vijaya Ragavan For Respondent(s): Mr.P.Siddarth, Government Counsel for R1 to R5