High Court · 2025

W.P.No.10220 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.03.2025CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.10220 of 2024M.Subramanian.. PetitionerVersus1. The Sub Collector, Revenue Divisional Office, Kumaran Road, Tiruppur - 641 601.2. The Revenue Tahsildar, Palladam - 641 664, Palladam Taluk, Tiruppur District.3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruppur - 641 601.4. The Executive Officer, A/m. Visveswaraswamy and Veeraraghavaperumal Thirukovil,1/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 2024 Tiruppur, Tiruppur District... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 3 and 4 to remove the wire fencing put up in Nilaviyal car track (Itteri) in S.F.No.330/1 to facilitate my right of access to S.F.No.331/2, Kattur village, Palladam Taluk, Tiruppur district by implementing the order, dated 14.12.2022 made in Oo.Mu.No.6696/2022/A3 and the orders, dated 10.02.2023 and 07.03.2023 made in Oo.Mu.No.0739/2023/A3 passed by the 2nd respondent as per RSO 26(15).For Petitioner: M/s.M.AdhishreeFor Respondents: Dr.S.Suriya, Additional Government Pleader, for RR-1 and 2: Mr.K.Karthikeyan, Government Advocate (HR & CE), for RR-3 and 4ORDERThis Writ Petition is filed for a direction to the respondent Nos.3 and 4 to remove the wire fencing put up on the Nilaviyal cart track (itteri) in 2/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 2024S.F.No.330/1 to facilitate the petitioner's right to access S.F.No.331/2, Kattur village, Palladam taluk, Tiruppur district by implementing the order, dated 14.12.2022 made in Oo.Mu.No.6696/2022/A3 and the orders, dated 10.02.2023 and 07.03.2023 made in Oo.Mu.No.0739/2023/A3 passed by the second respondent as per RSO 26(15).2. The contention of the learned Counsel for the petitioner is that the said survey number is used from time immemorial only as a pathway. Suddenly, the temple has fenced it. Now, the petitioner's property is land locked on all the four sides and therefore, the petitioner has no ingress and egress at all for his property. Already, some third parties, as if they are acting on behalf of the temple, have filed a Civil Suit, in which, the temple as well as the petitioner are also parties. There are no interim orders granted in the said Civil Suit. Therefore, when the petitioner made an application, it can be seen from the report of the Tahsildar himself that the petitioner has no other access and there are patta lands on all the four sides. Therefore, at 3/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 2024least, to the limited extent of ingress and egress before the gate of the petitioner, the fence should be directed to be removed and the petitioner should be permitted to use the pathway.3. Per contra, it is the contention of the learned Government Advocate (HR & CE) for the respondent Nos.3 and 4 that it is neither a nilaviyal padhai nor a cart track. In the A-Register and in all the revenue records, it is mentioned as the temple property. Along with the petition mentioned property, the temple possesses a larger extent. Part of it, everyone has been using it as a pathway to reach the temple. That is on the will of the temple and it is not any common pathway or any nilaviyal padhai that is mentioned in the FMB sketch or revenue records. In view thereof, unless the temple agrees to permit the petitioner by way of granting any right, the petitioner cannot claim any right. The temple is not willing for any such arrangement with the petitioner. Therefore, he is opposing the Writ Petition.4/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 20244. The learned Additional Government Pleader for the respondent Nos.1 and 2 would submit that it is indeed true that the petitioner has no other ingress and egress and on all the four sides, the petitioner's land is land locked by the patta lands and one side is the temple land. The immediate extent abutting the petitioner's land is fenced by the temple and that is followed by the pathway. 5. I have considered the rival submissions made on either side and perused the material records of the case.6. This Court can come to the rescue of the petitioner if the land in S.F.No.330/1 is mentioned as a nilaviyal cart track in the revenue records. On the contrary, the learned Government Advocate (HR & CE) for the respondent Nos.3 and 4 would rely upon the communication from the Tahsildar which clearly states that as per the A-Register, the S.F.No.330/1 is ryotwari punjai belonging to the temple. Therefore, when there are no 5/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 2024remarks in the FMB sketch or in the A-Register mentioning it as a pathway, this Court cannot interfere. What is claimed by the petitioner can, at best, be termed as an easement of necessity. With reference thereof, already, a suit, in which the petitioner, the temple and other third parties are parties, is pending in O.S.No.42 of 2023 on the file of the District Munsif Court, Palladam. Only considering the fact that the petitioner's property is land locked on all the four sides, this Court can only request the said Court to dispose of the said suit expeditiously. 7. In view thereof, this Writ Petition is disposed of on the following terms:-(i) The learned District Munsif, Palladam is directed to take up O.S.No.42 of 2023 for expeditious disposal;(ii) In the said suit, even though the petitioner is a defendant, it will also be open for the petitioner to file any such counter-claim claiming easement of necessity and pathway by filing an additional written 6/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 2024statement/counter-statement within a period of 15 days from the date of receipt/production of a web-copy of this order without waiting for a certified copy of this order;(iii) The said suit, along with counter-claim, can be taken for expeditious disposal and shall be disposed of within a period of four months from the date of receipt of a copy of this order;(iv) There shall be no order as to costs.17.03.2025Neutral Citation: nogrsTo1. The Sub Collector, Revenue Divisional Office, Kumaran Road, Tiruppur - 641 601.2. The Revenue Tahsildar, Palladam - 641 664, Palladam Taluk, Tiruppur District.7/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 20243. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruppur - 641 601.4. The Executive Officer, A/m. Visveswaraswamy and Veeraraghavaperumal Thirukovil, Tiruppur, Tiruppur District.8/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 2024D.BHARATHA CHAKRAVARTHY, J.grs W.P.No.10220 of 202417.03.20259/10 https://www.mhc.tn.gov.in/judis W.P.No.10220 of 2024 10/10