Pl Nachiappan v. The Commissioner of Land Administration
Writ of Mandamus – prescriptive easement – right of way
Case brief
What is this about?
Prescriptive easement; writ of mandamus; Article 226 Constitution of India; right of way and access; Survey No.131; cart track Survey No.136/1; Mathur Village; Kulathur Taluk; Pudukkottai District; Trichy-Pudukkottai National Highway; Mathur Police Station; Revenue Divisional Officer proceedings; alternative pathway; declaration by competent Civil Court; remedy before Civil Court; law of limitation; no costs; connected miscellaneous petition closed; W.P(MD)No.8235 of 2026; W.M.P(MD)No.6729 of 2026; Madurai Bench of Madras High Court; dismissed; P.B. Balaji, J.; N. Sathish Kumar, J.
What did the court decide?
As seen from the affidavit filed in support of the writ petition, the petitioner merely assumes that he has a prescriptive easementary right; the Revenue Divisional Officer proceedings relied upon by him themselves indicate that an alternative pathway is available.