Dismissed¶30

M.Gurusamy v. The District Collector

Madras HC1 Jun 2026WP(MD)/14006/2026

Case brief

AI extract

What is this about?

Writ of mandamus under Article 226 seeking action against pathway encroachment/construction dismissed on maintainability grounds: dispute involves civil rights and possession, remedy lies before competent Civil Court. Lands: Survey Nos. 436/8 and 436/9, Thuraiyur Village, Kovilpatti Taluk, Thoothukudi District; representation dated 06.03.2026; petitioner M. Gurusamy; respondents include District Collector, Sub Collector Kovilpatti, Tahsildar Kovilpatti and S. Vijayalakshmi; Madurai Bench of Madras High Court; N. Sathish Kumar, J. with M. Jothiraman, J.; decided 01.06.2026.

What did the court decide?

The dispute involves questions of civil rights and possession, for which the appropriate remedy lies before the competent Civil Court and not under Article 226 of the Constitution of India. ¶29

M.Gurusamy Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

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W.P(MD)No.14006 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.06.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and

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THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.P(MD)No.14006 of 2026

M.Gurusamy

... Petitioner

vs.

1.The District Collector, District Collectorate Building, Thoothukudi District.

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2.The Sub Collector, O/o. Sub Collector Office, Kovilpatti - 628501. Thoothukudi District.

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3.The Tahsildar, Kovilpatti, Thoothukudi District.

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4.S.Vijayalakshmi ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 4 herein to take appropriate action as against the 5th respondent by violating and

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1/5

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

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W.P(MD)No.14006 of 2026

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put up construction in the pathway access of the petitioner's S.No. 436/8 and 436/9 situated at Thuraiyur Village, Kovilpatti Taluk, Thoothukudi District by considering the petitioner's representation dated 06.03.2026.

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For Petitioner : Mr.K.Kevinkaran For Respondents : Mr.B.Saravanan Senior Counsel for Mr.M.P.Senthil Counsel for Government of Tamilnadu

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ORDER

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( Order of the Court was made by N.SATHISH KUMAR, J. )

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The petitioner has filed the present Writ Petition seeking a direction to respondents 1 to 4 to take appropriate action against the fifth respondent for allegedly encroaching upon and raising construction in the pathway providing access to the petitioner's lands in Survey Nos. 436/8 and 436/9 situated at Thuraiyur Village, Kovilpatti Taluk, Thoothukudi District, by considering the petitioner's representation dated 06.03.2026.

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2. The main grievance of the petitioner is that the fifth respondent has

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obstructed the pathway used by the petitioner. In such circumstances, we are of the view that the dispute involves questions of civil rights and possession, for

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2/5

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

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W.P(MD)No.14006 of 2026

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which the appropriate remedy lies before the competent Civil Court and not under Article 226 of the Constitution of India. We find no merit in the present Writ Petition.

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