Writ petitions are not maintainable to establish easementary rights over land when title is disputed and patta stands in another party’s name.

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

The petitioner has filed the present writ petition seeking a direction to the respondents 1 to 3 to take necessary action on the basis of the petitioner’s representation dated 17.03.2026 for removal of the alleged encroachment of the 12-feet cart track situated in Survey Nos. 767/1 and 767/2, Vedachandur Revenue Village, Vedachandur Taluk, Dindigul District.

2.It is the contention of the petitioner that he is the owner and cultivator of agricultural lands in Survey Nos.654/1A (84 cents), 654/1B (58 cents), 655 (3 acres 10 cents) and 656/2 (22 cents), which are in his possession and enjoyment without any encumbrance. The petitioner states that he has been using a 12-feet wide cart track running through Survey Nos. 767/1 and 767/2 for access to his lands, there being no alternative pathway. According to the petitioner, the fourth and fifth respondents, who claim title over the said survey numbers through gift and other means, have illegally blocked the traditional cart track by erecting a fence and fixing an iron gate, thereby obstructing free access to his agricultural lands and affecting agricultural operations. The petitioner further submits that he had submitted a representation dated 17.03.2026 to the respondents 1 to 3 seeking removal of the encroachment, but no action has been taken, constraining him to file the present writ petition.

3.We have heard the learned counsel appearing on either side and perused the materials available on record.

4.On a perusal of the affidavit filed in support of the writ petition and the documents produced, we are of the view that the petitioner is seeking to establish an easementary right over the pathway in question. Admittedly, patta stands in the name of the respondents 4 and 5. In such circumstances, if the petitioner claims any easementary right over the cart track, it is open to him to work out his remedy by approaching the competent civil Court by filing an appropriate suit to establish his right, in the manner known to law. Hence, we are of the opinion that the Writ Petition is not maintainable.

5.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.