WP/20203/2026 of Valambu Vs THE DISTRICT COLLECTOR on 8 September 2026

O R D E R

(Order of the Court was made by G.Jayachandran J.) This Writ Petition is filed challenging the proposal of the Tahsildar to measure Survey No.209/8, Ja.Eanthal Village, Veppur Taluk, Cuddalore District. The impugned notice indicates that, pursuant to the representation made by the villagers regarding encroachment of pathway by third parties, survey was conducted and based on the surveyor’s report, demarcation of the pathway was scheduled on 12.05.2026 at 11.00 a.m.

2. The petitioner contends that the survey alleged to have been held on 15.04.2026, which is mentioned in the impugned notice but was done without notice and behind his back, hence the present writ petition is filed. The enquiry proposed to be conducted on 12.05.2026 is an attempt to cancel the patta and it is also contended that the representation given by the petitioner to the RDO on 15.05.2026 to defer enquiry not been considered.

3. On being satisfied prima faciely at the time of admission, the Vacation Bench has granted interim stay till 09.07.2026. The 4th respondent, against Page Nos.2/7

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W.P.No.20203 of 2026 whom motive been attributed for the action taken by the Government, has taken out an application to vacate the stay, wherein it is stated that the land comprising S.Nos.209/8 and 209/10, Ja.Eanthal Village, Veppur Taluk, Cuddalore District and S.No.122/4 and S.No.122/7 of A.Kalathur village are Government lands classified as ‘Tharisu,’ which has been in continuous use and enjoyment of the villagers and adjacent landowners for several decades as pathway for ingress and egress to their agricultural lands. While so, obstructing the pathway, the writ petitioner has encroached, which led to representation to the Government by the villagers. After due survey, having found that the occupation of the Government land by the petitioner who have agricultural land elsewhere, had wrongly given patta and therefore the patta must be cancelled and necessary action must be taken. For the said purpose, the impugned notice was issued to conduct enquiry, which the petitioner wants to torpedo and hence, the present writ petition. Therefore, the 4th respondent sought for order vacating the interim stay granted by this Court.

4. The Learned Special Government Pleader appearing for the respondents states that the impugned notice is for survey and enquiry regarding the alleged encroachment on the pathway and the legality of granting patta to the encroachers earlier. The petitioner herein can participate in the enquiry and produce the necessary documents to justify his occupation and the grant of Page Nos.3/7

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W.P.No.20203 of 2026 patta. It is further contended that the normal course of enquiry, initiated pursuant to certain grave violations, cannot be stalled by the encroachers.

5. On perusing the records and the pleadings, we find that the area in occupation of the petitioner, no doubt, as on date, is the patta land assigned in favour of the petitioner. However, when the revenue records and other particulars reveal that the land occupied by the petitioner is a pathway and patta was assigned without due enquiry, it is always open to the authorities to conduct enquiry, survey and then take appropriate decision in accordance with law. What we find from the impugned notice is only a process of conducting enquiry by affording opportunity to the parties concerned. The said process cannot be stalled, when the revenue authorities have every responsibility and duty to ascertain the occupation of the Tharisu land, if the patta is assigned causing inconvenience to the general public. The same may be revisited and the occupants can be provided with an alternate place if they are eligible and pathway can be restored. These decisions can be taken by the revenue authorities only if proper enquiry is conducted. The impugned notice is towards that direction. Therefore, we find no ground to interfere in the process of conducting enquiry and decide whether the land which is alleged to be pathway for the villagers given assignment to the petitioners herein and if so, how the interest of the petitioner as well as interest of the villagers can be preserved. Page Nos.4/7

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W.P.No.20203 of 2026

6. We are not inclined to pre-determine the outcome of the enquiry process, except to record that due enquiry process affording opportunity to the parties involved is necessary and if the authorities proceed to conduct enquiry fairly and in accordance with law, there can be no legal impediment or necessity to stay the process.

7. With the above direction, this Writ Petition is disposed of. Consequently, the Writ Miscellaneous Petitions are closed. There shall be no order as to costs. (Dr. G.JAYACHANDRAN, J.) & (E.MANOHARAN, J.) 08-09-2026 Index :Yes/No. Speaking/Non-speaking order Neutral Citation :Yes/No. Page Nos.5/7

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W.P.No.20203 of 2026 To,

1. The District Collector, District Collectorate, Cuddalore District.

2. The Revenue Divisional Officer, The Revenue Divisional Office, Virudhachalam, Cuddalore District.

3. The Tahsildar Veppur Taluk, Cuddalore District. Page Nos.6/7

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W.P.No.20203 of 2026 Dr. G.JAYACHANDRAN, J. AND E.MANOHARAN, J. bsm W.P.No.20203 of 2026 & W.M.P.Nos.37163, 21639 & 21641 of 2026 08-09-2026 Page Nos.7/7

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