No writ remedy for right of way over private patta lands; pursue civil suit.

(Order of the Court was made by N.SATHISH KUMAR, J.

The petitioner has filed the present Writ Petition seeking a direction to respondents 1 to 4 to remove the encroachment allegedly made by respondents 5 to 7 in Survey Nos. 402/5 and 402/8 at Koduvilarpatti Village, Theni District, by considering his representation dated 17.12.2025.

2.The main grievance of the petitioner is that respondents 5 to 7 have put up a compound wall, thereby blocking the common pathway leading to the petitioner’s property.

3. The third respondent has filed a counter affidavit stating that Survey Nos. 402/5 and 402/8 are not Government poramboke lands, but are patta lands standing in the names of private individuals. It is further stated that the said lands were plotted into house sites without obtaining layout approval from the competent authority, and the portion earmarked for road purposes has not been handed over to the Panchayat.

4. In such circumstances, since the lands belong to private individuals, the petitioner cannot claim a right of way as a matter of right in these proceedings. If the petitioner seeks to establish such a right, he must approach the competent Civil Court by filing an appropriate civil suit.