Madras High Court Disposes Writ Petition Seeking Removal of Obstruction in Cart Track as No Encroachment Found. Government Retaining Wall Constructed by Rural Development Department Not an Obstruction to Petitioner's Access.

High Court: Madras High Court
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Case Note & Summary

The petitioner, K. Chandrasekaran, filed a writ petition before the Madras High Court seeking a direction to the respondents, including the District Collector, Revenue Divisional Officer, Tahsildar, and Block Development Officer of Krishnagiri, to remove an alleged obstruction in a cart track located in Survey No. 212/2. The petitioner claimed that the obstruction prevented him from accessing his land and house. The court considered a letter from the Tahsildar, Krishnagiri, dated 12.02.2026, which clarified that Survey No. 212/2, an extent of 0.12.0 hectares, was government poramboke land classified as 'Vandi padhai' in government records. A small canal from the South Pennar River passes through this land. The petitioner's land in Survey No. 211/2G is adjacent to this government land. A retaining wall was constructed by the Rural Development Department in the year 2023-2024, adjacent to the canal and not in front of the petitioner's land, leaving a remaining portion of the cart path for the petitioner to approach his land. The Tahsildar's letter stated that there were no encroachments by any general public on the government poramboke land and that the retaining wall was a government project work that did not obstruct the remaining portion of the cart track. Based on this, the court found that no encroachment in the cart track was identified and therefore no further adjudication was required. The writ petition was disposed of with no order as to costs.

Headnote

A) Property Law - Government Land - Cart Track Obstruction - No Encroachment - The petitioner sought removal of obstruction in a cart track on government poramboke land. The Tahsildar's letter confirmed that the retaining wall was a government project work and did not obstruct the remaining portion of the cart track. The court held that since no encroachment was identified, no further adjudication was required and disposed of the writ petition. (Paras 2-3)

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Issue of Consideration

Whether the retaining wall constructed by the Rural Development Department on government poramboke land constitutes an obstruction to the petitioner's cart track access.

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Final Decision

Writ petition disposed of as no encroachment in the cart track was identified; no further adjudication required. No costs.

Law Points

  • No encroachment found
  • no further adjudication required
  • writ petition disposed of
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Case Details

2026 LawText (MAD) (04) 102

W.P.No.3807 of 2026

2026-04-09

S.M.Subramaniam, K.Surender

Dr.G.Babu for Petitioner, Mr.T.Arun Kumar, AGP for R1 to R3, Mr.S.Senthil Murugan, Spl.G.P. for R4

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Nature of Litigation

Writ petition seeking removal of obstruction in a cart track on government poramboke land.

Remedy Sought

Direction to respondents to remove obstruction in cart track in S.No.212/2 and other benefits.

Filing Reason

Petitioner alleged obstruction in cart track preventing access to his land and house.

Issues

Whether the retaining wall constructed by the Rural Development Department constitutes an obstruction to the cart track.

Submissions/Arguments

Petitioner argued that the retaining wall obstructed his access to his land and house. Respondents, through Tahsildar's letter, stated that the retaining wall was a government project work and did not obstruct the remaining portion of the cart track.

Ratio Decidendi

Since no encroachment in the cart track was identified, no further adjudication is required.

Judgment Excerpts

In view of the fact that no encroachment in the Cart Track is identified, no further adjudication is required. Since there is no encroachments by any general public in the said Govt. Poramboke land and the Retaining Wall is a Govt. Project work made by the Rural Development Department and not obstruct the remaining portion of the said Cart track...

Procedural History

Writ petition filed before Madras High Court; court considered Tahsildar's letter dated 12.02.2026; disposed of on 09.04.2026.

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High Court Madras High Court Disposes Writ Petition Seeking Removal of Obstruction in Cart Track as No Encroachment Found. Government Retaining Wall Constructed by Rural Development Department Not an Obstruction to Petitioner's Access.