D.Muniyandi v. The District Collector

ORDER This Writ Petition is filed seeking to issue a Writ of mandamus, directing the fifth respondent to provide adequate police protection to ensure the petitioner's free and safe access by walk through the pathway in survey No.561/6, Elumalai Village, Peraiyur Taluk to reach the petitioner's agricultural lands in Survey Nos.2/2A, 2/2B and 2/2B1, Melathirumanickam village, Peraiyur Taluk, Madurai District.

¶2The learned counsel for the petitioner submitted that the petitioner's right of pathway is interfered with and hence he had given a complaint seeking police protection for peaceful usage of the pathway.

¶3The learned Government Advocate(civil side) appearing for respondents 1, 3 and 4 drew my attention to the order passed by this Court in another Writ Petition filed by the same petitioner in WP.Crl.

(MD)No.1357 of 2025 seeking to direct the Revenue Divisional Officer, Usilampatti, to take appropriate steps to remove the barbed fencing erected by unknown person leading to the agricultural land of the petitioner and this Court by order dated 09.10.2025 has dismissed the same.

¶4Heard either side and carefully perused the materials available on record.

¶5Observing that this Court cannot go into the disputed facts and that is just for the petitioner to establish that he had the right of pathway before a competent civil Court. Thereafter, the petitioner had come before this court by way of filing this Writ Petition seeking for the right of pathway and sought for dismissal of the writ petition.

¶6The learned Government Advocate submitted that the no complaint has been received so far and no proof has also been filed with respect to the said complaint.

¶7Heard either sides and carefully perused the materials available on record.

¶8In view of the submission made by the rival parties, it is seen that already this Court has directed the petitioner herein to approach the appropriate civil Court to establish his right of pathway. That apart, the learned Government Advocate appearing for the respondent Nos.1,3 and 4, also drew my attention to the 'A' Register where it is stated that the property which is claimed to be as pathway by the petitioner is mentioned as Mayaanam. The Mayaanam is under the control and maintenance of Elumalai Town Panchayat, Madurai. It is for the Panchayat itself to decide right of the petitioner to use the said Mayaanam as a pathway. The third respondent Tahsildar cannot passed orders.

¶9Recording the same, giving liberty to the petitioner to approach the appropriate civil Court this writ petition is disposed of. Consequently, connected miscellaneous petition stands closed.

10.07.2026 NCC : yes / no Index : yes / no pnn To

¶1The District Collector, Madurai District, Madurai.

¶2The Superintendent of Police, Madurai, Madurai District.

¶3The Tahsildar, Peraiyur, Madurai District.

¶4The Executive Officer, Elumalai Town Panchayat, Madurai District.

5.The Inspector of Police, Elumalai Police Station, Madurai.

¶6The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,oJ pnn ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooWPoCRL.(MD)oNo.1054oofo2026 ooooooooooooooooooooooooooooooDateoo:o10/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and WPMP CRL.(MD). No.276 of 2026 D.Muniyandi ... Petitioner Vs 1. The District Collector, Madurai District, Madurai. 2. The Superintendent of Police, Madurai, Madurai District. 3. The Tahsildar, Peraiyur, Madurai District. 4. The Executive Officer, Elumalai Town Panchayat, Madurai District. 5. State of Tamilnadu Rep by Inspector of Police, Elumalai Police Station, Madurai. 6. Raja 7. Boopathi Raja ... Respondents PRAYER :- To issue a Writ of mandamus, directing the 5th respondent to provide adequate police protection to ensure the petitioners free and safe access by walk through the pathway in survey No.561/6, Elumalai Village, Peraiyur Taluk to reach the petitioner's agricultural lands in Survey Nos. 2/2A, 2/2B and 2/2B1, Melathirumanickam village, Peraiyur Taluk, Madurai District. For Petitioner : Mr. M.Rajarajan, Advocate. For Respondent : Mr.M.R.Priyanka Jothi - for R1, R3 and R4 Government Advocate (Civil Side) Mr.C.Susikumar - for R2 and R5 Government Advocate (Crl.side) No appearance - for R6 and R7