[Cites 0, Cited by 0]
Madras High Court
O.C.Chenniyappan vs The District Collector on 13 March, 2026
Author: S. M. Subramaniam
Bench: S. M. Subramaniam
WP No. 30085 of 2022
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
WP No. 30085 of 2022
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
__________
Page1 of 4
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 12:01:50 pm )
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
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.
2. The 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.
__________
Page2 of 4
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 12:01:50 pm )
3. The 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
Neutral Citation: Yes/No
vsi
To
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
__________
Page3 of 4
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 12:01:50 pm )
S.M.SUBRAMANIAM J.
AND
K.SURENDER J.
VSI
AND
WMP NO. 29505 OF 2022
13-03-2026
__________
Page4 of 4
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 12:01:50 pm )
