Madras High Court
Pavayee vs The District Collector on 9 October, 2025
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
WP No. 6901 of 2025
and
W.M.P.No.7608 of 2025
1. Pavayee
Wo.Late.P.Ganapathy,
Periyeri Village And Post,
Thalivasal Post, Salem District
2.G.P.Arul Arashu
S/o.Late.P.Ganapathy,
Periyeri Village And Post,
Thalivasal Post, Salem District
3.G.Anbu Kumar
S/o.Late.P.Ganapathy,
Periyeri Village And Post,
Thalivasal Post, Salem District
Petitioner(s)
Vs
1. The District Collector
Salem District, Salem
2.The Assistant Collector
District Rural Development Agency,
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2
Salem
3.The Tahsildar
Thalaivasal Taluk, Salem District
4.The Block Development Officer
Thalaivasal Panchayat Union,
Thalaivasal Post, Salem District
Respondent(s)
PRAYER
Forbear Respondents 1 to 4 from interfering with the patta lands for laying a
public road in Survey No.379/6 measuring 1.20.5 hectare situated at Periyeri,
Thalaivasal Taluk, Salem District.
For Petitioner(s): M.S.Palaniswamy
V.Ravichandran
P.K.Shiva Kumar
R.Soundhari
J.Lingitha
For RR1 to 3 Ms.Meera Arumugam, AGP
For R4 Mr.M.Rajendiran, AGP
ORDER
The issue raised in the writ petition should be rightly addressed by a suit
for declaration that the petitioners are entitled for the entire extent of the
property, and that there does not exist a cart track over their land. This is
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because clause 7 of the Assignment, on the basis of which the grant of land
was made, produced by Mr.M.S.Palaniswamy, discloses a condition of the
assignment that the petitioner shall not obliterate any cart track/pathway running
over the said property.
2. Though Mr.M.S.Palaniswamy, refers to earlier judgment and decree
dated 18.9.2000 passed in A.S.No.19 of 1998 on the file of Sub Judge, Attur, I
am of the view that the plea raised in the writ petition requires evidence, both
oral and documentary, in order to proceed further. While the learned counsel
submits that no pathway exists, the FMB produced by the learned Additional
Government Pleader appearing for the fourth respondent indicates that there has
been a pre-existing pathway.
3. These are disputes on facts, which would not be proper to probe into in
a writ petition.
4. Mr.Palaniswamy seeks permission to withdraw the writ petition with
liberty to file a suit before the jurisdictional court.
5. I consider the request of Mr.Palaniswamy reasonable. The liberty
sought for by Mr.Palaniswamy is granted. He shall move the jurisdictional civil
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court for appropriate reliefs, if he is so advised.
6. I notice that an interim order of status quo order has been granted by
this court and it is continuing till date. Such order shall continue for a further
period of four weeks from today. On expiry of the four weeks, the interim order
shall expire. It is open to the petitioner to move the jurisdictional civil court and
obtain appropriate interim orders. As the entire papers have already been served
on the State, the same shall be treated as notice under Section 80 of CPC. It is
also open to the petitioner to move an application before the jurisdictional civil
court to dispense with notice.
6. Accordingly, the writ petition is dismissed as withdrawn with the
above observations. No costs. The connected miscellaneous petition is also
dismissed.
09-10-2025
ssk.
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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To
1.The District Collector
Salem District, Salem
2.The Assistant Collector
District Rural Development Agency,
Salem
3.The Tahsildar
Thalaivasal Taluk, Salem District
4.The Block Development Officer
Thalaivasal Panchayat Union,
Thalaivasal Post, Salem District
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V.LAKSHMINARAYANAN J.
ssk.
09-10-2025
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