T.Palanivel vs The District Collector,

2026:MHC:3692
W.P(MD)No.25436 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.09.2026
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
Writ Petition(MD)No.25436 of 2026
and W.M.P(MD).No.19051 of 2026
1.T.Palanivel
2.P.Indira ..Petitioners
Vs
1.The District Collector,
Office of the District Collector,
Virudhunagar District,
Virudhunagar.
2.The District Revenue Officer,
Office of the District Revenue Officer,
Virudhunagar, Virudhunagar District.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Sivakasi, Virudhunagar District.
4.The Tahsildar,
Srivilliputhur Taluk,
Virudhunagar District.
5.Angammal ..Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
respondents 1 to 4 herein to recognize the shifting of plan marked
pathway (Nilaviyal Pathai) from the lands in S.Nos.268/2F and 272/3,
towards the south and eastern side of the lands S.Nos.289/1B and
289/1C, Valaikulam Village, Srivilliputhur Taluk, Virudhunagar
District by considering the representations dated 23.03.2026,
28.07.2026 and 10.08.2026 within the time stipulated fixed by this
Court.
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2026:MHC:3692
W.P(MD)No.25436 of 2026
For Petitioners : Mr.J.Ashok
For R1 to R4 : Mr.C.Deepak
Additional Government Pleader
ORDER
The writ petition is filed seeking a direction to the respondents 1
to 4 to recognize the shifting of plan marked pathway (Nilaviyal Pathai)
from the lands in S.Nos.268/2F and 272/3 towards the South and
eastern side of the lands in S.Nos.289/1B and 289/1C, Valaikulam
Village, Srivilliputhur Taluk, Virudhunagar District by considering the
petitioners' representation dated 10.08.2026.
2.Heard the learned counsel on either side.
3.It is the case of the petitioners that they are the owners of the
subject survey numbers and there is a Nilaviyal Pathai running
through their lands from West-East. Earlier, the petitioners put up a
gate so as to cause hindrance to free usage of the Nilaviyal Pathai by
the users. The same was objected to by the fifth respondent. Based on
the representation of the fifth respondent, the fourth respondent
herein initiated action under the provisions of Land Encroachment Act
and an order has been passed under Section 6 of the said Act
directing the petitioners to remove the gate installed in S.No.268/2F.
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2026:MHC:3692
W.P(MD)No.25436 of 2026
Aggrieved by the same, the petitioners filed a writ petition in
W.P.(MD).No.32545 of 2025. The Division Bench of this Court by
order dated 13.11.2025 was pleased to dismiss the writ petition as
withdrawn with the liberty to file a statutory appeal. Thereafter,
petitioners preferred an appeal under Section 10 of the Tamil Nadu
Land Encroachment Act before the first respondent. The said appeal
was dismissed on 12.03.2026 and the petitioners were directed to
remove the obstruction in the Nilaviyal Pathai situated in S.No.
268/2F. Thereafter, the petitioners submitted instant representation
to the fourth respondent seeking permission to shift the Nilaviyal
Pathai passing through their properties to the South-East of their
lands situated in S.Nos.289/1B and 289/1C. The petitioners sought
for shifting of the pathway by relying on the Revenue Standing Order
26(15). The said representation has not been considered by the fourth
respondent. Hence, the petitioners have come before this Court
seeking issuance of writ of mandamus directing the official respondent
to consider their representation.
4.The petitioners have enclosed the FMB plan relating to the
lands owned by them in the typed set of papers. They have also
circulated a colour-washed plan for the convenience of the Court at
the time of hearing. A perusal of the same would indicate that the
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2026:MHC:3692
W.P(MD)No.25436 of 2026
present Nilaviyal Pathai runs from west to east, bisecting their
property. Now, the petitioners seek to shift the Nilaviyal Pathai to the
southern and eastern extremities of their land. If the shifting of the
Nilaviyal Pathai, as requested by the petitioners, is permitted, the
pathway would become circuitous. The pathway, which is more or less
straight at present, would become L-shaped. Consequently, the length
of the pathway would increase, making it circuitous and causing
inconvenience to the users.
5.Revenue Standing Order 26(15) reads as follows:
“15.Encroachments on plan-marked details: - A plan-
marked channel or pathway running in a patta land is a
Government land. Eviction of encroachment in such lands need
be invoked only in cases where the encroacher has interfered
with the plan marked detail so as to close its entrance to and
exit from his lands. In the case of pathways and cart tracks
which have been used by the public till recently, the ryot should
not be allowed to shift the course of the details to suit his own
convenience.
However, such diversions of plan marked channel from
its original course, with a view to consolidate his holding or to
facilitate irrigation of the portions which would be otherwise
severed need not be treated as encroachment.”
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2026:MHC:3692
W.P(MD)No.25436 of 2026
6.A close scrutiny of the RSO would indicate that the pathway
and cart track, which have been used by the public until recently,
shall not be allowed to be shifted to suit the convenience of the ryot
(cultivator of the land). The above said RSO only permits diversion of
the channels so as to consolidate the land holding or to facilitate
irrigation of the portions, which would be otherwise severed. If the
channel is shifted and it becomes circuitous, it will not cause serious
prejudice to the land users, because mere shifting of channel will not
hinder or prevent flow of water. However, if the pathway or cart track
is shifted so as to make it circuitous, it will cause prejudice to the
general public, who are all users of the same.
7.It is also seen from the above mentioned RSO, the plan
marked channel or pathway running through the patta land is a
Government land and the same is for the benefit of the general public.
In such circumstances, the petitioners are not entitled to seek shifting
of pathway running through their property so as to cause prejudice to
the general public. When there is a prohibition in RSO 26(15), the
petitioners are not entitled to rely on the same and seek shifting of
pathway running through their land. Hence, I don not find anything
to direct the respondents to consider the representation of the
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2026:MHC:3692
W.P(MD)No.25436 of 2026
petitioners in the light of above mentioned RSO. Accordingly, the Writ
Petition stands dismissed. No costs. Consequently, connected
Miscellaneous Petition is closed.
03.09.2026
(2/2)
NCC : Yes/No
Index : Yes/No
Rmk
To
1.The District Collector,
Office of the District Collector,
Virudhunagar District,
Virudhunagar.
2.The District Revenue Officer,
Office of the District Revenue Officer,
Virudhunagar, Virudhunagar District.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Sivakasi, Virudhunagar District.
4.The Tahsildar,
Srivilliputhur Taluk,
Virudhunagar District.
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2026:MHC:3692
W.P(MD)No.25436 of 2026
S.SOUNTHAR, J.
Rmk
Writ Petition(MD)No.25436 of 2026



03.09.2026
(2/2)
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