Madras High Court
WP(MD)/20644/2025 of Gandhi Vs The District Collector/ Moni on 5 October 2026
W.P.(MD)No.20644 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
WP(MD) NO. 20644 of 2025
{CNR: HCMD010891722025}
Case QR
Gandhi
... Petitioner
Vs.
1.The District Collector/ Monitoring Committee,
Sivagangai District, Sivagangai.
2.The Revenue Division Officer,
Sivagangai District,
Sivagangai.
3.The Tahsildhar,
Kalaiyar Kovil Taluk,
Sivagangai District.
4.The Taluk Surveyor,
Kalaiyar Kovil Taluk,
Sivagangai District.
5.The Frika Surveyor,
Kalaiyar Kovil Taluk,
Sivagangai District.
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W.P.(MD)No.20644 of 2025
6.The Manager,
Sivagangai Devasthanam,
Aranmanai,
Sivagangai District.
7.Thangadurai
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 3rd respondent to remove the unauthorized fencing put up by the 7th respondent and to restore said vandipathai/the public pathway situate at SR.No.205 in Marakathur village, kalaiyar kovil Taluk, Sivagangai District based on the petitioner's representation dated 17.05.2024.
For Petitioner
: Ms.S.Mamtha
For Respondents : Mr.M.Kannan,
Spl. Government Pleader for R1 to R5.
Mr.S.Madhavan for R6
Mr.V.Karthikeyan for R7
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ORDER
(By G.R.Swaminathan, J.) Heard both sides.
2. The petitioner is a resident of Kaliyarkovil Taluk. His complaint is that the pathway to his agricultural lands have been fenced at the instance of the seventh respondent. He wants the same to be removed.
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W.P.(MD)No.20644 of 2025
3. After hearing the learned counsel for the respondents and the learned Special Government Pleader, we are more than convinced that S.No.205 is in the name of Periyanayaki Amman Temple. It is under the control of Sivagangai Devasthanam. The jurisdictional Tahsildar will not have any jurisdiction to take action in the matter. If the petitioner's access rights have been infringed, it is always open to the petitioner to move the jurisdictional civil court by filing an easementary suit.
4. With the aforesaid liberty to the petitioner, this writ petition stands dismissed. No costs. (G.R.S. J.,) & (M.D.S. J.,) 05.10.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:
1. The District Collector/ Monitoring Committee,
2. The Revenue Division Officer,
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W.P.(MD)No.20644 of 2025
3. The Tahsildhar, Kalaiyar Kovil Taluk, Sivagangai District.
4. The Taluk Surveyor, Kalaiyar Kovil Taluk, Sivagangai District.
5. The Frika Surveyor, Kalaiyar Kovil Taluk, Sivagangai District.
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W.P.(MD)No.20644 of 2025
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W.P.(MD)No.20644 of 2025 G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias W.P.(MD)No.20644 of 2025
05.10.2026
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