O.C.Chenniyappan v. The District Collector

Order (Order of the Court was made by S.M.Subramaniam J.) The impugned order passed by the Revenue Divisional Officer dated

28.10.2022 would show that enquiry has been conducted by affording opportunity to the parties.

¶2The facts placed between the parties have been elaborately considered by the Revenue Divisional Officer and it is found that the subject property is classified as "epytpay; ghij" (Nilaviya Paathai), i.e., 'çart track'. Once it is classified as a 'cart track' in the revenue record, even if a portion of the cart track situated in patta land, it must be kept for public use. That being the scope of Revenue Standing Order, the contention raised by the petitioner that it is a patta land and therefore, cannot be utilised as public cart track, cannot be accepted. Page3 of 4

¶3The learned counsel for the petitioners would submit that a suit in O.S.No.127/2020 has been instituted. It is for the petitioners to pursue the suit and redress his grievance, if any exists. So far as the revenue authorities are concerned, the revenue record would indicate that it is a 'cart track'. Therefore, the said portion of the land is to be left open for public usage in accordance with the Revenue Standing Order. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.S.,J.) 13-03-2026 Index: Yes/No Speaking/Non-speaking order vsi To

¶1The District Collector Erode District, Erode

¶2The Revenue Divisional Officer Erode , Erode District

¶3The Revenue Tahsildar Perundurai Taluk, Erode District 638 104 WPoNo.o30085oofo2022 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. VSI WPeNo.e30085eofe2022 AND WMPeNO.e29505eOFe2022 13-03-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 29505 of 2022 1. O.C.Chenniyappan S/o. Chinnapa Gounder, Olappalayam, Palakkarai Village, Perundurai Taluk, Erode District 2. O.C.Sivasubramaniam S/o. O.C. Chenniappan, Olappalayam, Palakkarai Village, Perundurai Taluk, Erode District ..Petitioner(s) Vs 1. The District Collector Erode District, Erode 2. The Revenue Divisional Officer Erode , Erode District 3. The Revenue Tahsildar Perundurai Taluk, Erode District 638 104 4. O.M. Periyasamy S/o. Marappa gounder, Door no. 13/100, Olappalayam, Thudupathi post, Perundurai Taluk, Erode District ..Respondent(s) calling for the records of the 2nd respondent culminating in his impugned proceedings bearing Pa.Mu. 1400/ 2021/ A2 dated 28.10.2022 (Served on the petitioners on 2.11.2022 ) quash the same and forbear the respondents 1 to 3 their men, agents ,officers, subordinates, representatives Page2 of 4 and / or anyone claiming through or under them from in any manner interfering with the petitioners peaceful possession and enjoyment of their land in R.S. No. 265/9 along with the buildings , shed, well, tank and fully grown coconut trees therein, situated at Palakkarai Village, Perundurai Taluk, Erode District and from taking any coercive action in respect of the said land until the final disposal of the two civil suits viz. O.S.No. 127 of 2020 and O.S. No. 33 of 2021 pending on the file of the Leaned District Munsif, Perundurai For Petitioner(s): Mr.M.Guruprasad For Respondent(s): Mr.T.Arun Kumar Addl.G.P. for R1 to R3 , Mrs.V.S.Usha Rani for R4