Madras High Court Disposes Writ Petition Seeking Access to Agricultural Land After Tahsildar Confirms Continued Pathway. Construction of Anganwadi Centre Not to Obstruct Petitioner's Right of Way.

High Court: Madras High Court
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Case Note & Summary

The petitioner, K. Kaliyappan, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents—the District Collector, Krishnagiri; the Tahsildar, Pochampalli; and the Block Development Officer, Mathur—to consider his representations dated 24.09.2025 and 06.10.2025 and not to obstruct the pathway leading to his land in Survey No.656/5 in Malaiyandahalli Village, Pochampalli Taluk, Krishnagiri District. The petitioner's grievance was that the respondents were constructing an Anganwadi Centre adjacent to his agricultural land, which would block his access to the property. He made representations to the authorities but received no response, prompting him to approach the High Court. The court heard the counsel for the petitioner, Mr. K.R. Gunashekar, and the respondents' counsel, Mr. M. Shajahan (Special Government Pleader for R1 & R2) and Mr. P. Ganesan (Government Advocate for R3). The court called for instructions on whether the petitioner would continue to have access despite the construction. Mr. P. Ganesan produced instructions dated 07.01.2026 from the Tahsildar, Pochampalli, addressed to the Block Development Officer, Mathur Panchayat Union, Krishnagiri District. The instructions stated that after a survey, the Tahsildar reported that the petitioner would continue to have an access road to his property through a 5 meter 18 feet pathway. The court recorded these instructions and, since the grievance was redressed, disposed of the writ petition with no further order and no costs. The connected miscellaneous petition was closed.

Headnote

A) Right to Property - Access to Land - Right of Way - Constitution of India, Article 226 - Petitioner sought mandamus to prevent obstruction of pathway to his land due to construction of Anganwadi Centre - Court called for instructions and Tahsildar confirmed a 5 meter 18 feet pathway would remain - Held that grievance being redressed, no further order required (Paras 1-4).

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Issue of Consideration

Whether the petitioner's right of access to his agricultural land would be obstructed by the construction of an Anganwadi Centre.

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Final Decision

Writ Petition disposed of recording the instructions that the petitioner will continue to have access through a 5 meter 18 feet pathway. No costs. Connected miscellaneous petition closed.

Law Points

  • Right of access to property
  • Mandamus
  • Disposal upon redressal of grievance
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Case Details

2026 LawText (MAD) (01) 263

WP No. 50123 of 2025

2026-01-09

V. Lakshminarayanan

2026:MHC:185

Mr.S.Patrick, For K.R.Gunashekar, Mr.M.Shajahan, Mr.P.Ganesan

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus.

Remedy Sought

Petitioner sought direction to respondents to consider his representations and not obstruct the pathway to his land.

Filing Reason

Petitioner feared that construction of an Anganwadi Centre adjacent to his land would block his access.

Issues

Whether the petitioner's right of access to his agricultural land would be obstructed by the construction of an Anganwadi Centre.

Submissions/Arguments

Petitioner argued that construction of Anganwadi Centre would block access to his land. Respondents submitted instructions from Tahsildar confirming a 5 meter 18 feet pathway would remain.

Ratio Decidendi

When the grievance of the petitioner is redressed by the respondents' assurance of continued access, no further order is required and the writ petition can be disposed of.

Judgment Excerpts

The grievance of the petitioner is that the respondents are constructing an Anganwadi Centre adjacent to his agricultural land... Mr.P.Ganesan has produced instructions dated 07.01.2026 issued by the Tahsildar... the petitioner will continue to have access road to his property through a 5 meter 18 feet pathway. Since the grievance of the petitioner has been redressed, no further order need to be passed other than recording the aforesaid instructions.

Procedural History

Petitioner filed WP No. 50123 of 2025 under Article 226 seeking mandamus. Court heard counsel and called for instructions. Respondents produced instructions dated 07.01.2026 from Tahsildar confirming continued access. Court disposed of petition on 09.01.2026.

Acts & Sections

  • Constitution of India: Article 226
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High Court Madras High Court Disposes Writ Petition Seeking Access to Agricultural Land After Tahsildar Confirms Continued Pathway. Construction of Anganwadi Centre Not to Obstruct Petitioner's Right of Way.
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