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Madras High CourtWP(MD)/7522/2024disposed of

S.Prabhakaran Nadar v. The District Collector

2024-03-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Prabhakaran Nadar ... Petitioner Vs.

1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer Tiruchendur, Thoothukudi District.

3.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to provide cart track in Survey No. 604/1B, Kayamozhi Village, Thiruchendur Taluk, Thoothukudi District for ingress and egrees to the petitioner's agricultural land in Survey No.604/1A, Kayamozhi Village, Thiruchendur Taluk, Thoothukudi District for taking agriculture 1/4

machineries and produces by considering the representation submitted by the petitioner dated 31.05.2023 within the time stipulated by this Court. For Petitioner : Mr.P.Deepak For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

Heard both sides.

2.The petitioner wants the respondents to provide cart track to access the petition mentioned Survey No.604/1A, Kayamozhi Village. 3.As rightly pointed out by the learned Special Government Pleader, if the revenue record indicates the existence of cart track it can be delineated. If there is no cart track in existence in the revenue record, the authorities cannot be expected to create one for the petitioner. 4.I therefore direct the third respondent to pass an order on the petition mentioned representation in the light of the entries in the revenue record and in the FMB. Such an order will be passed by the third 2/4

respondent within a period of twelve weeks from the date of receipt of a copy of this order.

5.This writ petition is disposed of accordingly. There shall be no order as to costs.

26.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer Tiruchendur, Thoothukudi District.

3.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

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G.R.SWAMINATHAN, J.

MGA 26.03.2024 4/4