Kuppusamy v. The District Collector

ORDER This Writ Petition has been filed seeking a direction to the respondents to restore the portion the petitioner's agricultural lands comprised in S.Nos, 22/2A and 22/2B, Thathiyangarpatty Village, Omalur Taluk, Salem District, wherein a road has been formed illegally, to its original condition and forbearing the respondents and their men from in any manner interfering with the petitioner's possession and enjoyment of his said agricultural lands besides directing the respondents to pay damages to the petitioner for the destruction of the sugarcane crops, well, borewells, pipelines and cutting and carrying of the valuable trees.

¶2The case of the petitioner is that he is the owner of the agricultural lands in S.Nos.22/2A and 22/2B measuring 1.35 acres and 0.85 acres respectively. The respondents 1 to 3 along with others tried to form a road in the petitioner's agricultural lands on 04.09.2023. Therefore, the petitioner filed a suit in O.S.No.299 of 2013, before the District Munsif Court, Omalur, seeking permanent injunction against the respondents 1 to 3, in which the respondents 1 Page4 of 6 to 3 filed written statement stating that there is no proposal to form the road in the petitioner's land and therefore the petitioner had withdrawn the said suit. While so, on 04.09.2018, the respondents 2 to 11 forcibly entered into the petitioner's land and destroyed the sugarcane crops , bore wells, pipeline illegally, by threatening and assaulting the petitioner and his family members. Hence this petition.

¶3The learned counsel for the petitioner would submit that a direction may be issued to the official respondents to conduct enquiry into the matter and restore the petitioner's land.

¶4The learned Government Counsel appearing for the respondents 1 to 3 would submit that the issue involved in this writ petition pertains to civil dispute between the petitioner and the private respondents and therefore the petitioner has to redress his grievance before the civil Court. He therefore prays for dismissal of this Writ Petition.

¶5Heard both sides. Perused the records.

¶6A perusal of the records clearly shows that the dispute pertains to civil dispute and therefore the petitioner has to agitate before the competent civil Court for redressing his grievance. Page5 of 6

¶7In view of the same, this Writ petition is disposed of with liberty to the petitioner to approach the competent civil Court for appropriate remedy. No costs. Consequently, connected Miscellaneous Petition is closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order arr To

¶1The District Collector Salem, Salem District.Salem.

¶2The Block Development Officer Omalur Panchayat Union, Omalur, Salem District.

¶3The Executive Officer Thathiyangarpatty Village Panchayat, Thathaiyangarpatty, Omalur Taluk, Salem District. Page6 of 6

M.DHANDAPANI, J. arr 04-06-2026 Page7 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 26096 of 2018 and WMP.No.30890 of 2018 Kuppusamy Thathiyangarpatty Village, Omalur Taluk, Salem District. ..Petitioner Vs 1. The District Collector & Inspector of Panchayat, Salem, Salem District. 2. The Block Development Officer Omalur Panchayat Union, Omalur, Salem District. 3. The Executive Officer, Thathiyangarpatty Village Panchayat, Thathaiyangarpatty, Omalur Taluk, Salem District. 4. Karthi S/o. Kanthan, Thathiyangarpatty Village, Omalur Taluk, Salem District. 5. Jayakumar S/o.Manikan, Thathiyangarpatty Village, Omalur Taluk, Salem District. 6. Selvam S/o. Chithan, Thathiyangarpatty Village, Omalur Taluk, Salem District. 7. Manikam S/o.Annamalai, Thathiyangarpatty Village, Omalur Taluk, Salem District. Page2 of 6 8. Kupppusamy, S/o.Marimuthu, Thathiyangarpatty Village, Omalur Taluk, Salem District. 9. Murugan, S/o.Kanthan Thathiyangarpatty Village Omalur Taluk, Salem District. 10.Kanthasamy, S/o.Mathaiyan Thathiyangarpaty Village, Omalur Taluk, Salem District . 11.Ganapathy S/o.Govindan, Thathiyangarpatty Village, Omalur Taluk, Salem District. ..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of writ of Mandamus directing the respondents to restore the portion the petitioner's agricultural loands comprised in S.Nos, 22/2A and 22/2B, Thathiyangarpatty Village, Omalur Taluk, Salem District, wherein a road has been formed illegally, to its original condition and forbearing the respondents and their men from in any manner interfering with the petitioner's possession and enjoyment of his said agricultural lands besides directing the respondents to pay damages to the petitioner for the destruction of the sugarcane crops, well, borewells, pipelines and cutting and carrying of the valuable trees within the time that may be fixed by this Court. Page3 of 6 For Petitioners: Mr.P.Mani For Respondents: Mr.M.Sivavarthanan (R1 to R3) Government Counsel No appearance (R4,R6 to R11) No appearance (R5)