L.Suresh Babu Vs the District Collector — Madras HC (2026) — LawSathi Research

L.Suresh Babu Vs the District Collector — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the parties to raise all their grounds before the competent Civil Court of Law; parties directed to implead Revenue Authorities in the civil suit for effective adjudication. No costs.

Issue for consideration

Whether a writ of mandamus should be issued directing the 2nd respondent (Tahsildhar) to consider the petitioner's representation dated 01.09.2023 and remove the alleged encroachment by respondents 3 and 4 in the cart track in Survey Nos. 201/5, 202/1A and 202/1B, Manchini Village, Attur Taluk, Salem District. +1 more

Court's answer

Disputed facts relating to civil rights are to be adjudicated only before the Civil Court, in the civil suit already instituted (O.S.No.204 of 2023).

Ratio / Principle

Per the Field Inspection conducted by Revenue Authorities, the black-topped road leading to Pungavadi from Manjini Village is in public use.

Key takeaways

The writ petition is dismissed, granting liberty to the parties to raise all their grounds before the competent Civil Court of Law.ratio¶35
Parties to the suit shall implead the Revenue Authorities for effective adjudication of the civil suit.ratio¶37

Detailed headnote1 paragraphs

Mandamus – Encroachment on cart track – Survey Nos. 201/5, 202/1A and 202/1B, Manchini Village, Attur Taluk, Salem District – Petitioner sought direction to the Tahsildhar to consider his representation dated 01.09.2023 and remove encroachment by respondents 3 and 4. Tahsildhar's instructions dated 30.06.2025 recorded that although the 'A' Register contains cart track/pathway entries ('Nilaviyal Pathai'), the FMB Book bears no detail mark for S.No.202/1B, and S.No.202/1A is entirely a black-topped road leading to Pungavadi from Manjini Village. Field inspection showed the black-topped road is in public use; meanwhile persons claiming as Joint Pattadars had instituted O.S.No.204 of 2023. Holding that disputed facts relating to civil rights must be adjudicated only before the Civil Court in the suit already instituted, the Division Bench dismissed the writ petition, granting liberty to the parties to raise all grounds before the competent Civil Court and directing them to implead the Revenue Authorities for effective adjudication. No costs.

2026:MHC:1237

WP No. 31771 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER

W.P.No.31771 of 2023

L.Suresh Babu

… Petitioner

-vs-

The District Collector, Salem District.

The Tahsildhar, Attur, Salem District.

Mr.R.Anbarasu

4. Mr.R.Senthil Kumar

..Respondent(s)

Prayer: To direct the 2nd Respondent to consider the Representation made by the Petitioner dated 01.09.2023 and to remove the encroachment made by the 3rd and 4th respondents in the Cart Track in Survey Nos. 201/5, 202/1A and 202/1B situated in Manchini Village, Attur Taluk, Salem District

For Petitioner: Mr.N.Premkumar

For Respondent(s): Mr.T.ARUNKUMAR, AGP FOR R1 & 2 M/S.R.NALLIYAPPAN FOR R3 & 4

O R D E R

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

Writ of Mandamus has been instituted to consider the

representation made by the petitioner dated 01.09.2023.

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WP No. 31771 of 2023

The Tahsildar, Attur, Salem District, in his written instructions dated 30.06.2025, which was addressed to the State Government Pleader, has stated as follows:

“In respect of the land S.No.201/5 there is no Pathway when there is entry in the ‘A’ Register with remarks that there is Pathway ground.

The land in S.No.202/1A measuring 0.04.5 Hec. is entirely Black topped road leading to Pungavadi from Manjini Village.

As far as the land in S.No.202/1B is concerned though there is an entry as cart track on ground in the ‘A’ Register there is no detail mark in the FMB Book depicting the carttrack (Nilaviyal Pathai). But there is a cart-track (Nilaviyal Pathai) in a portion of land with a width of about 8 to 10 feet length running east to west.”

As per Field Inspection conducted by Revenue Authorities, Black topped road leading to Pungavadi from Manjini Village is in public use. That apart, a Civil Suit has been instituted in O.S.No.204 of 2023 by persons, claiming as Joint Pattadars. Therefore, disputed facts relating to civil rights are to be adjudicated only before Civil Court in the civil suit already instituted.

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WP No. 31771 of 2023

Thus, the present writ petition is dismissed, granting liberty

to the parties to raise all their grounds before the competent Civil Court

of Law. Parties to the suit shall implead Revenue Authorities for effective

adjudication of the civil suit. No costs.

(S.M.S.,J.) (K.S.,J.) 25-03-2026

Index: Yes Speaking Order Neutral Citation: Yes/No AR

To:

The District Collector, Salem District.

The Tahsildhar, Attur, Salem District

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WP No. 31771 of 2023

S.M.SUBRAMANIAM,J. AND K.SURENDER,J. AR

W.P.No.31771 of 2023

25-03-2026

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