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2026 Supreme(Online)(Mad) 38957
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, K.Surender, JJ
K.Chandrasekaran – Appellant
Versus
District Collector Krishnagiri – Respondent
W.P.No.3807 of 2026
For the Petitioners: Dr.G.Babu
For the Respondents: Mr.T.Arun Kumar, Mr.S.Senthil Murugan
No encroachment or obstruction in cart track on government poramboke land where retaining wall adjacent to canal allows access via remaining path; writ petition dismissed on revenue report.
Headnote:(A) Government Poramboke Land - Cart Track - Land classified as Vandi padhai with canal passing through - Retaining wall constructed adjacent to canal by rural development department does not obstruct remaining portion of cart path to access adjacent land - No encroachment by general public identified - No further adjudication required - Writ petition disposed of. (Paras 2, 3)
Facts of the case:
Writ petition to direct removal of obstruction in cart track on government poramboke land. Revenue authority report states land adjoins petitioner's land across canal; retaining wall built adjacent to canal, allowing approach through remaining cart path; wall claimed as obstruction to land and house.
Findings of Court:
No encroachment in cart track identified. Writ petition stands disposed of. No costs.
Issues: Whether retaining wall constitutes obstruction or encroachment in cart track on government poramboke land.
Ratio Decidendi: Relying on revenue authority's report confirming no encroachments and that government project retaining wall does not obstruct remaining cart track portion.
Result: Writ petition disposed of.
| Table of Content |
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| 1. government poramboke land's retaining wall does not obstruct cart track access. (Para 1 , 2) |
| 2. writ petition dismissed absent encroachment on cart track. (Para 3) |
(Order of the Court was made by S.M.Subramaniam J.)
Writ Petition has been instituted to direct the respondents to remove the obstruction made in the Cart Track.
2. Tahsildar, Krishnagiri addressed a letter to the Government Pleader dated 12.02.2026, which would show the following facts:
“It is submitted that the mentioned Survey No.212/2, an extent of 0.12.0 Hectare, Govt Poramboke land, classified as ‘Vandi padhai' in Government records is located at Katheri-1 Revenue Village, Krishnagiri Taluk and District. A small canal from the South Pennar River is passing through the said Govt. land. The Writ Petitioner's land in Survey number 211/2G is located adjoined to the said Govt. land in Survey number 212/2 and across the said canal. A Retaining Wall has been constructed by the Rural Development Department in the year 2023-2024, which is adjacent to the canal and not in front of the Petitioner's land, so that the petitioner could approach his land through the remaining portion of the said Cart path. The petitioner mentioned this wall as an obstruction to approach his land and house.
Since there is no encroachments by any general public in the said Govt. Poramboke land and the Retaining Wall is a Govt. Project work made by the Rural Development Department and not obstruct the remaining portion of the said Cart track, I request to insist the above said facts and make the case dismissed at the Hon'ble Judicate at Madras.”
3. In view of the fact that no encroachment in the Cart Track is identified, no further adjudication is required. Accordingly, the present Writ Petition stands disposed of. No costs.
