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2026 Supreme(Online)(Mad) 81494
MADURAI BENCH OF MADRAS HIGH COURT
M Dhandapani, N Dilip Kumar, JJ
Azhagumalai – Appellant
Versus
District Collector, Virudhunagar District – Respondent
W.P(MD)No.24221 of 2026
For the Appellants/Petitioners: A. Lakshmi
For the Respondents: M. Mahaboob Athiff, I. Murugesan
A writ petition seeking a public law remedy for the removal of encroachments on a pathway declared as private by a Civil Court is not maintainable; the appropriate remedy is to initiate execution proceedings in the Civil Court.
Headnote:(A) Writ Jurisdiction - Removal of Encroachment - Private Pathway - A public law remedy is not maintainable for the removal of encroachments on a pathway that has been declared as a private pathway by a competent Civil Court. (Para 5)
(B) Civil Remedy - Execution Proceedings - Availability of alternative remedy - Where a decree has been granted by a Civil Court, the aggrieved party must initiate execution proceedings before the competent Civil Court rather than seeking a writ of mandamus. (Para 6)
Issues: Whether a writ petition for the removal of encroachments on a pathway declared as private by a Civil Court is maintainable.
| Table of Content |
|---|
| 1. background of the dispute regarding encroachment on a pathway declared private by a civil court. (Para 1 , 2 , 3 , 4) |
| 2. public law remedies are not maintainable for disputes involving declared private pathways. (Para 5) |
| 3. appropriate remedy for enforcing civil decrees is through execution proceedings in civil court. (Para 6 , 7) |
PRAYER :
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the Respondents 1 to 3 herein to remove the encroachments made by the 4th Respondent herein in the six feet pathway in Survey.No. 27/3 D, 27/E situated at Muthaarpatti village, Kosukundu Post, Sattur Taluk, Virudhunagar District.
For Petitioner : Ms.A.Lakshmi for M/s.Polax Legal Solutions
For Respondents : Mr.M.Mahaboob Athiff, SGP (R1 & R3)
: Mr.I.Murugesan, Counsel for State (R2)
O R D E R
(Order of the Court was made by N.DILIP KUMAR, J.)
By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed, notice to the fourth respondent is dispensed with.
2. The writ petition is filed with the request to direct the respondents/Revenue Authorities, to remove the encroachment made by the fourth respondent in the six feet pathway in Survey No.27/3D and 27/E at Muthaarpatti Village, Kosukundu Post, Sattur Taluk, Virudhunagar District.
3. The petitioner makes a reference to the decree granted in his favour in O.S.No.64 of 2014 on the file of the District Munsif Court, Sattur, dated 21st April 2019.
4. A reading of the said judgment reveals that the Civil Court has issued a declaration that the subject six feet pathway is declared to be a private pathway exclusively belonging to the plaintiffs and the defendants 2 to 6 in the said suit.
5. The present writ petition, invoking the public law remedy, asking the Revenue Authorities to clear the encroachment in such declared private pathway, is not maintainable.
6. The petitioner is at liberty to initiate appropriate execution proceedings before the competent Civil Court, if so advised.
7. With the said liberty, the writ petition stands disposed of. There shall be no order as to costs.
