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Kulasekaran v. the District Collector

Madras HC1 Apr 2026WP/13974/2024

Case brief

AI extract

What is this about?

Writ petition disposed of; encroachment removal not ordered through writ forum; petitioner directed to establish easementary right before competent Civil Court; 3ft public pathway S.No.299/1 off Srinivasa Perumal Street, Kadapakkam Village, Thiruvottriyur Taluk, Chennai; revenue record shows surrounded patta land, not government land; Tahsildar counter affidavit; representation dated 27.03.2024; encroachers R.Deenadayalan and R.Saravanan; liberty to approach Civil Court; no costs; High Court of Judicature at Madras; decision date 01-04-2026.

What did the court decide?

Liberty granted to the petitioner to approach the competent Civil Court to establish his easementary right over the common passage; writ petition disposed of without costs and connected miscellaneous petitions closed; no orders passed on the representation dated 27.03.2024.

Kulasekaran Vs the District Collector — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 3 should be directed to consider the petitioner's representation dated 27.03.2024 and pass orders to remove the encroachments by respondents 4 and 5 in the 3ft public pathway comprised in S.No.299/1 branching off from Srinivasa Perumal Street, Kadapakkam Village, Thiruvottriyur Taluk, Chennai District. +1 more

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Court's answer

Granting liberty to the petitioner to approach the Civil Court, the writ petition stands disposed of; no costs; connected miscellaneous petitions are closed.

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Ratio / Principle

For resuming the common passage, the petitioner has to establish his easementary right by approaching the competent Civil Court of law; the writ forum cannot secure removal of the encroachment where the revenue records show the land as surrounded patta land and not government land.

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Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam and K. Surender JJ.; order authored by S.M. Subramaniam J.), 01-04-2026, disposed of WP No. 13974 of 2024 by Kulasekaran seeking directions to the District Collector, Tahsildar and Executive Engineer (GCC) to act on his representation dated 27.03.2024 and remove encroachments by private respondents R.Deenadayalan and R.Saravanan on a 3ft public pathway in S.No.299/1 branching off Srinivasa Perumal Street, Kadapakkam Village, Thiruvottriyur Taluk, Chennai District. The Tahsildar's counter affidavit stated the passage is a public lane used by the petitioner for years, but revenue records record it as surrounded patta land and not government land. Holding that resumption of the common passage requires the petitioner to establish his easementary right before the competent Civil Court, the Court granted liberty to approach the Civil Court, disposed of the writ petition without costs, and closed the connected miscellaneous petitions (WMP Nos. 15165 & 15164 of 2024).

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WP No. 13974 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-04-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR.JUSTICE K. SURENDER

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WP No. 13974 of 2024 and WMP No. 15165 & 15164 of 2024

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Kulasekaran

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Son Of Egappan Naicker, No.3/75 Perumal Koil Street, Andarkuppam, Chennai 103.

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..Petitioner(s)

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The District Collector District Collectorate, Thiruvottriyur Taluk, Thiruvottriyur, Chennai 600019.

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The Tahsildar

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Thiruvottiryur Taluk, Thiruvottriyur, Chennai 600019.

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The Executive Engineer Corporation Of Chennai, Zone-1, Thiruvottriyur, Chennai 600019.

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R.Deenadayalan Son Of Balasundara Naicker, No.3/2o, Perumal Koil Street, Andarkuppam Chennai 600103.

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R.Saravanan

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Son Of Balasundara Naicker, No.3/2o, Perumal Koil Street, Andarkuppam Chennai 600103.

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..Respondent(s)

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To direct the respondents 1 to 3 to consider the representation of the petitioner dated 27.03.2024 and pass orders to remove the

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Page1 of 4

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

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WP No. 13974 of 2024

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encroachments by the respondents 4 and 5 in the 3ft public pathway comprised in S.No.299/1 branching off from the SrinivasaPerumal street in the Kadapakkam village, Thiruvottriyur Taluk, Chennai District.

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WP No. 13974 of 2024

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For Petitioner(s): Mr.M.Elumalai For Respondent(s): Mr.T.Arunkumar, Addl.Govt.Pleader for R1 & R2 Mrs.Aswini Devi.K. Standing Counsel for GCC for R3 Mr.R.Anandha Babu for R4 & R5

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Order

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(Order of the Court was made by S.M.Subramaniam J.)

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The relief sought for in the present writ petition is to direct the respondents 1 to 3 to consider the representation of the petitioner dated 27.03.2024 and pass orders to remove the encroachments by the respondents 4 and 5 in the 3ft public pathway comprised in S.No.299/1 branching off from the Srinivasa Perumal Street in the Kadapakkam Village, Thiruvottriyur Taluk, Chennai District.

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The Tahsildar, Thiruvottiyur Taluk, filed a counter affidavit stating that

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3 feet passage for ingress and egress to reach Srinivasa Perumal Koil Street from the house of the petitioner is a public lane and the petitioner is using the same for several years. However, as per the revenue record the said portion of the land has been recorded as surrounded patta land. However, it is not a government land as per the revenue record.

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Page2 of 4

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

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WP No. 13974 of 2024

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That being so, for resuming the common passage, the petitioner has

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to establish his easementary right by approaching the competent Civil Court of

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law. Granting liberty to the petitioner to approach the Civil Court, the present Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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(S.M.S.,J.) (K.S.,J.) 01-04-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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VSI

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