N.PALANISAMY vs THE DISTRICT COLLECTOR
- Court
- Madras High Court
WP.No.45064 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP.No.45064 of 2025
CNR:{HCMA012784242025}
N.Palanisamy
..Petitioner
Vs
1. The District Collector
Coimbatore District, Coimbatore.
2. The Sub Collector,
Coimbatore District, Coimbatore.
3. The Commissioner,
State Bank Of India Road,
Coimbatore 641 018.
4. The Tahsildar,
Sulur Taluk, Coimbatore District.
5. The Inspector of Police,
Karumathampatti Police Station,
Karumathampatti, Coimbatore.
6. The Town Surveyor,
Sulur Taluk, Coimbatore District.
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WP.No.45064 of 2025
7. P.Mohanraj
8. Kavitha
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of Writ of Mandamus, directing the respondents 1 to 6 to
remove the encroachments made by the respondents 7 and 8 in
S.No.181/1B in Moppiripalayam Village, Sulur Taluk, Coimbatore
District.
For Petitioner: Mr.S.Saravanakumar
For Respondents: Ms.R.K.Varshini
Government Advocate for R1, R2, R4 & R6
Mr.N.Palanivel
Government Advocate (Crl. Side) for R5
Mr.A.V.Balusamy
for Mr.M.Loganathan for R7 & R8
No appearance for R3
ORDER
(Order of the Court was made by S.M.Subramaniam, J.)
Writ of Mandamus has been instituted to direct the respondents 1
to 6 to remove the encroachments made by the respondents 7 and 8 in
S.No.181/1B in Moppiripalayam Village, Sulur Taluk, Coimbatore
District.
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WP.No.45064 of 2025
2.The Tahsildar, Sulur filed a counter affidavit stating that the
petitioner is running a School in S.F.No.146/1 admeasuring 2.53 acres
and acquired the same in the year 2005. The pathway earlier used by
the School in S.F.No.181/1B is not a public pathway and it is assumed
by the petitioner that the said pathway is a public pathway. However,
the authorities found that it is not public pathway. As per the Village
record “A” Register, an extent of 0.11.0 Hectare in S.F.No.181/1B of
Moppripalayam Village in Sulur Taluk has been classified as “Joint
Pathway” as per Patta No.1632. The subject field is in the name of
Palani Gounder and nine others. It is not a Government land but a Patta
land. Since it is a patta land, eviction proceedings cannot be initiated by
the revenue authorities under the Tamil Nadu Land Encroachment Act.
3.In order to find out the revenue records, this Court has granted
time to the authorities to submit the “A” Register. The learned
Government Advocate furnished a copy of the “A” Register which would
show that S.No.181/1B is a Joint Cart Track and a Patta land belong to
Palani Gounder and nine others. Therefore, it is a private arrangement
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WP.No.45064 of 2025
between the patta holders and the petitioner cannot claim it as a public
pathway. Since the authorities have found that the subject property is a
patta land and not a public pathway, the relief as such sought for
deserves no merit consideration.
4.Accordingly, the Writ Petition stands dismissed. No costs.
(S.M.S.,J.) (R.R.V.,J.)
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
cse
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WP.No.45064 of 2025
To
1. The District Collector
Coimbatore District, Coimbatore.
2. The Sub Collector,
Coimbatore District, Coimbatore.
3. The Commissioner,
State Bank Of India Road,
Coimbatore 641 018.
4. The Tahsildar,
Sulur Taluk, Coimbatore District.
5. The Inspector of Police,
Karumathampatti Police Station,
Karumathampatti, Coimbatore.
The Town Surveyor,
6.
Sulur Taluk, Coimbatore District.
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WP.No.45064 of 2025
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
cse
WP.No.45064 of 2025
02-11-2026
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