Facts of the Case

N. Kumaresan filed Writ Petition (MD) No. 17339 of 2015 before the Madurai Bench of the Madras High Court seeking to restrain the Forest Range Officer, Kulasekaram (4th respondent), from interfering with his possession and enjoyment of patta land in Survey No. 409/18B at Thiruvattar Village, Kalkulam Taluk, Kanyakumari District, without following due acquisition proceedings.

The petitioner argued that as long as the survey number continued to be recorded as patta (privately held) land, the authorities could not claim any right over it, relying on the constitutional protection of property rights under Article 300A.

The respondents contended that a narrow pathway existed within the survey number in question, providing the only access to the Forest Range Office and a Taluk Government Hospital located in the same campus, and that this pathway had long been used by the general public.

The District Forest Officer appeared in person and confirmed that only through this pathway could officials and the public access the forest office and the hospital; photographs corroborated this.

A registered sale deed dated 27 July 2015, referred to by the Government Pleader, described the schedule of an adjoining property in a manner that recorded the pathway in question as its boundary — supporting that the strip had functioned as a public pathway despite its patta status.

Issues Involved

  1. Whether the petitioner's patta title over the land was sufficient to restrain the Forest Department from continuing to use a pathway on it, absent formal land-acquisition proceedings, given the pathway's long-standing public use.

Petitioner's Arguments

  • As long as Survey No. 409/18B remained recorded as patta land, the authorities had no legal right to use or claim it without initiating proper acquisition proceedings, given the constitutional protection under Article 300A.

Respondent's Arguments

  • A pathway situated within the disputed survey number was the sole access route to the Forest Range Office and the Government Hospital, and had been used by the general public over a long period.
  • Granting the petitioner's request would seriously harm public interest, as officials and patients would lose access to the forest office and hospital.

Court Order / Findings

  • After examining photographs and a registered sale deed for an adjoining property (whose schedule recorded the disputed pathway as its boundary), the Court was satisfied that the pathway, though technically part of patta land standing in the name of the petitioner's predecessor, had all along functioned as a public pathway.
  • The Court held that the writ sought — restraining the Forest Department from using the pathway — could not be issued, and dismissed the writ petition, with no order as to costs.

Important Clarification

This is a land-rights and public-access dispute concerning a Forest Department pathway, resolved on facts about long-standing public use of a strip of patta land — GST does not feature anywhere in the substance of this order.

Sections Involved

  • Constitution of India, 1950 — Article 300A (right to property) and Article 226 (writ jurisdiction), invoked in the petition.
  • Tamil Nadu Patta Pass Book Act, 1983 — the general framework governing patta land records relevant to the underlying dispute.

Decision – In Favour of

Decided against the petitioner, N. Kumaresan — the writ petition seeking to restrain the Forest Department's use of the pathway was dismissed.

Case Details

  • Court: Madurai Bench of the Madras High Court
  • Case No.: WP(MD) No. 17339 of 2015 with M.P.(MD) Nos. 1 & 2 of 2015
  • Coram: Justice G.R. Swaminathan
  • Date of Order: 30 August 2023

Link to Download the Order

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