Madras High Court
WP(MD)/624/2026 of Bharkavi Vs The District Collector on 24 September 2026
WP(MD) No. 624 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24-09-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 624 of 2026
and
W.M.P.(MD)No.529 of 2026
CNR:{HCMD010037092026}
Bharkavi
W/o Ilamaran,
No. 58/48 NGGO colony,
Anna Nagar, Devakottai,
Sivagangai District.
..Petitioner(s)
Vs
1. The District Collector
Sivagangai District,
Sivagangai.
2. The Executive Engineer
Water Resource Department,
Sarugani River Drainage Basin Division,
Sivagangai 630 562
3. The Tahsildar
Ilayangudi Taluk,
..Respondent(s)
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of CERTIORARIFIED MANDAMUS, calling for the records relating to impugned order of the 3rd respondent vide Na.Ka.No.A2/5442/2025, dated 05.12.2025 and quash the same and
WP(MD) No. 624 of 2026
consequently direct the respondents to grant permission to construct the bridge in Nilaviyal Odai Pathai to an extent of 8x4 length and breadth which goes through the survey No.89/5, 89/6 and 89/7A, Thugavur Village, Ilayangudi Taluk, Sivagangai District.
For Petitioner(s):
Mr.S.Satheesh Kumar
For Respondent(s):
Mr.S.Sivasubramanian,
Government Advocate.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Heard both sides.
2. The writ petitioner owns a piece of land in survey No.89/6 in Thugavur Village, Ilayangudi Taluk, Sivagangai District. She has also put up a construction. In front of her house, a channel runs through survey Nos.89/5, 89/6 and 89/7A. The petitioner has approached the authority seeking permission to put up a bridge like structure so that she can access her house. Her request was negatived by the third respondent. Hence, this writ petition has been filed.
3. The writ petitioner has after all put up a construction in her own patta land. The right of access cannot be denied. If the said right is denied, the petitioner will not be able to enjoy her rights as a patta holder at all.
WP(MD) No. 624 of 2026
4. We, therefore, direct the second respondent to issue proceedings permitting construction of a bridge like structure so as to facilitate the writ petitioner’s access to her house across the aforementioned channel. The second respondent can stipulate appropriate conditions so as to ensure that the width of the channel is not reduced and the free flow of water is also not affected. This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (B.P.,J.) 24-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU To
1. The District Collector Sivagangai District, Sivagangai.
2. The Executive Engineer Water Resource Department, Sarugani River Drainage Basin Division, Sivagangai 630 562
3. The Tahsildar Ilayangudi Taluk,
WP(MD) No. 624 of 2026
G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. PMU WP(MD) No. 624 of 2026 24-09-2026