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2026 Supreme(Online)(Mad) 29887

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SRIMATHY, J
S.Valiyan – Appellant
Versus
The District Collector, Tiruchirappalli District, Tiruchirappalli – Respondent
Writ Petition



Advocates:
For Petitioner: Mr.S.Balamurugan
For R-1 to R-4:Mr.T.Amjad Khan Government Advocate

Revenue authorities must enforce civil court decrees on pathways by surveying and rectifying records after notice.

Headnote:The petitioner seeks mandamus under Article 226 to enforce civil court decrees recognizing a 15 links wide common pathway (O.S. No. 240/2005, confirmed in A.S. No. 62/2009), directing survey, demarcation, and rectification of revenue records including cancellation of erroneous joint patta No.1398. Court finds pathway established by decree but omitted from revenue records. Issues framed: enforcement of civil decree in revenue proceedings and rectification of survey records. Ratio: Revenue authorities must implement civil court judgments by surveying after notice and passing orders accordingly. Writ petition disposed directing respondents 2-4 to survey and act per decrees within four months.

Table of Content
1. enforce civil decree for pathway in revenue records (Para 1 , 2)
2. direct survey and orders per decree within four months (Para 3)

5. Moorthi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to conduct proper survey and demarcation of the lands in S.No.364/2G1B1, to restore and record the 15 links width common pathway as per the civil court decree passed in O.S.No.240 of 2005, on the file of District Munsif Court, Musiri, dated

03.04.2008 as confirmed in Appeal Suit No.62 of 2009 on the file Principal District Judge, Tiruchirapalli dated 09.12.2010, to cancel the erroneous subdivision and joint patta No.1398 dated 24.01.2026 insofar as it affects the pathway and to consider the petitioner's applications dated 13.01.2026.

For Petitioner : Mr.S.Balamurugan For R-1 to R-4 : Mr.T.Amjad Khan Government Advocate

ORDER

The present Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to conduct proper survey and demarcation of the lands in S.No.364/2G1B1, to restore and record the 15 links width common pathway as per the civil court decree passed in O.S.No.240 of 2005, on the file of District Munsif Court, Musiri, dated 03.04.2008 as confirmed in Appeal Suit No. 62 of 2009 on the file Principal District Judge, Tiruchirapalli dated 09.12.2010, to cancel the erroneous subdivision and joint patta No.1398 dated 24.01.2026 insofar as it affects the pathway and to consider the petitioner's applications dated

13.01.2026.

2.The contention of the petitioners is that, even as per the civil court decree in O.S. No. 240 of 2005 on the file of the District Munsif Court, Musiri, as confirmed by the Principal District Judge, Tiruchirappalli in A.S. No. 62 of 2009, a pathway is in existence. However, the said pathway has not been reflected in the revenue records. Therefore, the petitioners seek to have the property surveyed, to assign a separate survey number to the pathway, and to rectify the revenue records accordingly.

3. In view of the above, respondents 2 to 4 are directed to survey the property after issuing notice to the petitioners, the fifth respondent, and any other rival claimants, if any, and thereafter pass appropriate orders in accordance with the judgment and decree in O.S. No. 240 of 2005 and A.S. No. 62 of 2009, within a period of four months from the date of receipt of a copy of this order.

4. With the above direction, the writ petition stands disposed of. No costs.

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