Dismissed¶41

R.Guberan v. the District Collector

Madras HC3 Dec 2025WP/44791/2025

Case brief

AI extract

What is this about?

Writ of mandamus dismissed; maintainability of writ petition; private patta land; no gift deed executed in favour of Government; removal of private encroachments; laying of tar road; common pathway recorded in Arur Document No.167/1985; width 32 links (approx. 6.04 meters); length 3 kilometres; representation dated 19.04.2025 not considered; civil suit O.S.No.85 of 2022 pending; remedy before competent Civil Court; Dharmapuri District; Harur Taluk; Pappireddipatti Taluk; Article 226 Constitution of India; Madras High Court.

What did the court decide?

The writ petition is not maintainable: the subject property admittedly is a private patta land, no gift deed has been executed in favour of the Government, and it continued to be a private property. ¶39

R.Guberan Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

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W.P.No.44791 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.12.2025

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C O R A M

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.No.44791 of 2025

R.Guberan

... Petitioner

-vs-

The District Collector, Dharmapuri District.

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The District Revenue Officer, Dharmapuri District.

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The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.

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The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

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The Block Development Officer, Harur Taluk, Dharmapuri District.

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K.Mohan

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K.Sakthi

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Shanmugam

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Munusamy

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... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider and dispose the petitioner's representation dated 19.04.2025 and consequently direct the respondents to remove all private encroachments and lay a proper tar road

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https://www.mhc.tn.gov.in/judis

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W.P.No.44791 of 2025

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in the common pathway as recorded in Arur Document No.167/1985, having a width of 32 links (approximately 6.04 meters) and running for a length of 3 kilometres, by sub-dividing the same as a proper tar road.

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For Petitioner : Ms.M.P.Gunasri

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For R1 to R5 : Mr.T.Arun Kumar Addl. Govt. Pleader

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O R D E R

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(By.S.M.SUBRAMANIAM,J.,)

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The relief sought for in this writ petition is to direct the

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respondents to consider and dispose the petitioner's representation dated 19.04.2025 and consequently direct the respondents to remove all private encroachments and lay a proper tar road in the common pathway as recorded in Arur Document No.167/1985, having a width of 32 links (approximately 6.04 meters) and running for a length of 3 kilometres, by sub-dividing the same as a proper tar road.

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Learned counsel for the petitioner would submit that owners

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of the land agreed to form a common pathway and submitted a representation along with necessary documents. Since it was not considered, the present writ petition came to be instituted.

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https://www.mhc.tn.gov.in/judis

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W.P.No.44791 of 2025

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The fact remains that a Suit in O.S.No.85 of 2022 has been

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instituted to declare the subject portion of the property as a pathway. Admittedly, the subject property is a private property and a patta land and

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no gift deed has been executed in favour of the Government. It continued to be a private property and therefore, the writ petition is not maintainable. Since a suit has been rightly instituted, the parties are at liberty to work out their remedy before the competent Civil Court in the manner known to law.

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With the above observation, the Writ Petition stands

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dismissed. No costs.

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(S.M.S,J.,) (C.K,J.,) 03.12.2025

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Index: Yes Internet: Yes / No ar

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