Madras HC Dismisses Landowner’s Plea to Remove Tank Allegedly Blocking Access, After Collector Found It Served Public Purpose

The petitioner challenged the Sub-Collector’s order dated 25 September 2025 and sought removal of a water sump allegedly blocking access to his property in Natham Survey No. 626/5 at Vanchipalayam, and restoration of the pathway

The petitioner alleged that the sump obstructed ingress and egress to his property

The respondents disputed the allegation and submitted that the District Collector had, after enquiry, passed an order dated 15 December 2025 regularising the water tank as a public-purpose structure on Village Natham land

Village Natham land may initially be used for public purposes; if not so used, it may be assigned to homeless poor persons, to an extent of three cents, for construction of dwelling houses. Natham lands are to be regulated under Revenue Standing Order 21. Occupation without assignment is treated as encroachment, removable by following the procedures under the Tamil Nadu Land Encroachment Act, 1905

The Court noted the District Collector’s finding, following an enquiry, that the water tank had been constructed for a public purpose on Natham land

In view of that finding and the Collector’s subsequent order, the Court held that the writ petition challenging the Sub-Collector’s order required no further consideration. It did not determine the alleged obstruction on its merits, but left the petitioner free to seek redress from the District Collector

The connected miscellaneous petitions, if any, were closed