K.BALUSAMY vs THE DISTRICT COLLECTOR

W.P.No.43883 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2026
CORAM
THE HON'BLE MR.JUSTICE K.SURENDER
W.P.No.43883 of 2026
CNR: {HCMA012453602026}
K.Balusamy,
S/o.Late.Krishnasamy,
No.48/40, North Street,
Thedavoor Post,
Gengavalli Taluk,
Salem District.
..Petitioner(s)
Vs
1. The District Collector,
Salem District, Salem.
2. The Revenue Divisional Officer,
Attur, Salem District.
3. The Tahsildar,
Gengavalli Taluk,
Salem District.
4. Selvi,
W/o.Paramasivam,
Thedavoor Village,
Gengavalli Taluk,
Salem District.
..Respondent(s)
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus or order or direction in the nature of a writ directing
nd rd
the 2 respondent to take action pursuant to the proceedings of the 3
respondent in Na.Ka.No.3347/2022/A2 dated 16.06.2026 initiated on the basis
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W.P.No.43883 of 2026
of the petitioner’s petition dated 19.05.2022 in petition No.449 submitted to the
rd
3 respondent and the subsequent representation dated 10.08.2026 submitted to
st
the 1 respondent and consequently initiate appropriate proceedings for
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cancellation of patta No.24035 granted in favour of the 4 respondent in respect
of S.No.102/3, Thedavoor Village, Gengavalli Taluk, Salem District and restore
the said land as “Tharisu” and “Pathai”.
For Petitioner(s): Mr.V.Elangovan
For Respondent(s): Ms.Bakkiyalakshmi, Additional Government
Pleader for R1 to R3
ORDER
nd
This Writ Petition has been filed to direct the 2 respondent to take action
rd
pursuant to the proceedings of the 3 respondent in Na.Ka.No.3347/2022/A2
dated 16.06.2026 initiated on the basis of the petitioner’s petition dated
rd
19.05.2022 in petition No.449 submitted to the 3 respondent and the
st
subsequent representation dated 10.08.2026 submitted to the 1 respondent and
consequently initiate appropriate proceedings for cancellation of patta No.24035
th
granted in favour of the 4 respondent in respect of S.No.102/3, Thedavoor
Village, Gengavalli Taluk, Salem District and restore the said land as “Tharisu”
and “Pathai”.
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W.P.No.43883 of 2026
2.The case of the petitioner is that his father, Late Thiru.Krishnasamy,
owned 12 acres of agricultural lands in S.Nos.101, 103/3, 98/3 and 99/2 at
Thedavoor Village, Gengavalli Taluk, Salem District, which devolved upon the
petitioner and his three brothers after his father's demise. The adjacent land in
S.No.102/3 was originally classified as Government dry land (Arasu Punjai) and
recorded as "Tharisu" and "Paathai" in the Village A-Register. The said land
has been used as a common pathway by the villagers and adjoining landowners
from time immemorial to access their agricultural lands and the Thedavoor-
th
Punalvaasal tar road. The petitioner alleges that the 4 respondent, by
furnishing false particulars, obtained Patta No.24035 in respect of S.No.102/3
and also managed to change its classification from Government dry land to
th
Ryotwari Punjai on 16.06.2007. Consequently, the 4 respondent is obstructing
the petitioner's and the general public's access through the existing pathway.
Despite the petitioner's representations dated 19.05.2022, 10.08.2026 and
rd
03.09.2026, no effective action has been taken. Though the 3 respondent, by
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proceedings dated 16.06.2026, forwarded the matter to the 2 respondent, for
further action, the grievance remains unaddressed. Hence, the present Writ
Petition.
3.The learned counsel for the petitioner would submit that S.No.102/3
was originally classified as Government dry land and pathway (Tharisu and
Paathai) in the Village A-Register and had been used as a common access
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W.P.No.43883 of 2026
pathway by the petitioner and the villagers from time immemorial. The learned
th
counsel would further submit that the 4 respondent, without any lawful title,
obtained patta in respect of the said Government land by furnishing false
particulars and thereafter obstructed the use of the existing pathway, thereby
depriving the petitioner and other adjoining landowners of access to their
agricultural lands. It is further submitted that, despite repeated representations,
including the petition dated 19.05.2022, and the subsequent forwarding of the
nd
matter to the 2 respondent, no effective action has been taken by the
authorities. Hence, the respondents may be directed to take appropriate action
on the pending proceedings and consider cancellation of the patta granted in
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favour of the 4 respondent.
4.The learned Additional Government Pleader appearing for the
respondents 1 to 3 submitted that if a specific time frame is fixed by this Court,
nd
the 2 respondent will consider the petitioner’s issue and pass appropriate
orders on its own merits in accordance with law.
5.Heard the learned counsel appearing for the petitioner and the learned
Additional Government Pleader accepting notice on behalf of the official
respondents 1 to 3.
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W.P.No.43883 of 2026
6.In view of the limited nature of the order proposed to be passed and the
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relief sought, notice to the 4 respondent is dispensed with, and this writ
petition is taken up for final disposal at the admission stage itself.
7.Without going into the merits of the rival claims regarding the subject
property, this Court deems it appropriate to dispose of the Writ Petition by
nd
directing the 2 respondent to consider the petitioner's grievance and conduct an
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enquiry into the grant of Patta No.24035 in favour of the 4 respondent in
respect of S.No.102/3 of Thedavoor Village, Gengavalli Taluk, Salem District,
nd
on its own merits and in accordance with law. The 2 respondent shall
scrutinise the relevant revenue records, particularly the Village A-Register, the
original classification of the land as Government dry land (Arasu Punjai), and
the records based on which the patta was granted and the classification was
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subsequently altered as Ryotwari Punjai. The 2 respondent shall also examine
the petitioner's claim regarding the existence and long-standing use of the
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pathway in the said survey number. While conducting such enquiry, the 2
th
respondent shall issue notice to the petitioner, the 4 respondent and other
interested adjoining landowners, afford them a reasonable opportunity of
hearing and pass appropriate orders on merits and in accordance with law. The
entire exercise shall be completed within a period of eight weeks from the date
of receipt of a copy of this order.
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W.P.No.43883 of 2026
8.If there is any dispute relating to the title or inter-se civil rights over the
property, the parties are at liberty to approach the competent Civil Court for
appropriate relief. With the above directions, this Writ Petition stands disposed
of. No costs.
02.11.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
vv2
To
1. The District Collector,
Salem District, Salem.
2. The Revenue Divisional Officer,
Attur, Salem District.
3. The Tahsildar,
Gengavalli Taluk,
Salem District.
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W.P.No.43883 of 2026
K.SURENDER, J.
vv2
W.P.No.43883 of 2026
02.11.2026
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