Case Note & Summary
The petitioner, L.Suresh Babu, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the second respondent (Tahsildar, Attur, Salem District) to consider his representation dated 01.09.2023 and remove the alleged encroachment made by the third and fourth respondents (Mr.R.Anbarasu and Mr.R.Senthil Kumar) in the cart track situated in Survey Nos. 201/5, 202/1A and 202/1B in Manchini Village, Attur Taluk, Salem District. The Tahsildar, in his written instructions dated 30.06.2025 addressed to the State Government Pleader, stated that in respect of S.No.201/5 there is no pathway despite an entry in the 'A' Register with remarks that there is a pathway on ground. The land in S.No.202/1A measuring 0.04.5 Hectares is entirely a black topped road leading to Pungavadi from Manjini Village. As for S.No.202/1B, though there is an entry as cart track on ground in the 'A' Register, there is no detail mark in the FMB Book depicting the cart-track, but a cart-track exists in a portion of land with a width of about 8 to 10 feet running east to west. The revenue authorities conducted a field inspection and found that the black topped road is in public use. Additionally, a civil suit (O.S.No.204 of 2023) has been instituted by persons claiming as joint pattadars. The court held that disputed facts relating to civil rights are to be adjudicated only before the Civil Court in the already instituted civil suit. Consequently, the writ petition was dismissed, granting liberty to the parties to raise all their grounds before the competent Civil Court, and directing the parties to the suit to implead Revenue Authorities for effective adjudication. No costs were awarded.
Headnote
A) Writ Jurisdiction - Maintainability - Disputed Civil Rights - Writ of Mandamus - Where disputed questions of title and encroachment exist and a civil suit is already pending, the High Court under Article 226 of the Constitution of India will not entertain a writ petition seeking removal of encroachment, as such matters are to be adjudicated by the competent Civil Court. (Paras 3-4) B) Civil Procedure - Jurisdiction - Civil Suit - Disputed Facts - When a civil suit (O.S.No.204 of 2023) has been instituted by persons claiming as joint pattadars, disputed facts relating to civil rights must be adjudicated only before the Civil Court, and the writ court cannot decide such issues. (Paras 3-4)
Issue of Consideration
Whether a writ of mandamus can be issued to direct revenue authorities to remove alleged encroachment from a cart track when there are disputed questions of fact and a civil suit is already pending.
Final Decision
The writ petition is dismissed, granting liberty to the parties to raise all their grounds before the competent Civil Court. Parties to the suit shall implead Revenue Authorities for effective adjudication of the civil suit. No costs.
Law Points
- Writ of Mandamus not maintainable when disputed questions of civil rights exist
- Civil Court is appropriate forum for adjudication of title and encroachment disputes
