Writ court refrains from enforcing easementary rights over disputed Anadheenam lands with cancelled pattas.

7.Gunasekaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove the encroachments and unauthorized constructions made by the sixth respondent in the public pathway and Government Anadheenam lands comprised in S.Nos.348, 353, 354 and 355, situate at Sembattur Village, Pudukottai Taluk, Pudukottai District, in the light of the order passed by the fourth respondent, in his proceedings in Ne.Mu.6973/2023/A4 dated

02.09.2025 within the period that may be stipulated by this Court.

For Petitioner : Ms.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents : Mr.D.Sasi Kumar Additional Government Pleader for R1 to R5 O R D E R [Order of the Court was made by Mr.N.SATHISH KUMAR, J.]

This writ petition has been filed seeking a writ of mandamus directing respondents 1 to 5 to remove the encroachments and unauthorized constructions made by the sixth respondent in the public pathway and Government Anadheenam lands comprised in Survey Nos.348, 353, 354 and 355, situate at Sembattur Village, Pudukottai Taluk, Pudukottai District, in the light of the order passed by the fourth respondent, in his proceedings in Ne.Mu.6973/2023/A4 dated 02.09.2025, within the period that may be stipulated by this Court.

2. The grievance of the petitioner is that the sixth respondent has encroached upon the public pathway, which obstructs the access of the petitioner to his property. The fourth respondent, vide proceedings dated 02.09.2025, has also cancelled the patta granted to the private respondents in respect of the subject property, which is a pubic pathway. Hence, the present writ petition.

3. We have perused the proceedings of the fourth respondent dated 02.09.2025. A perusal of the same makes it clear that the pattas that were granted to the individuals in respect of the subject property, over which the sixth respondent is alleged to have made encroachment, have been cancelled. The subject land is classified as “Anadheenam Land”. When there are disputed facts involved and the pattas granted to the private individuals have been subsequently cancelled, in a writ petition filed under Article 226 of the Constitution of India, the petitioner cannot seek to enforce his easmentary right. Hence, we do not find any merit in this writ petition.

4. Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to work out his remedy before the authority concerned in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.