Madras High CourtWP(MD)/17497/2024disposed of

S.Palraj v. The District Collector

2024-07-30Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.17497 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17497 of 2024 AND W.M.P.(MD)No.15330 of 2024 S.Palraj ... Petitioner Vs.

1. The District Collector, Virudhunagar District.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. The Tahsildar, Vembakottai, Virudhunagar District.

4. The Block Development Officer, Vembakottai, Virudhunagar District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from laying the road laid in the private patta land belonged to the petitioner bearing S.No.352/1, 352/2 situted at Keelanmarainadu Village, Vembakottai Taluk, Virudhunagar District in patta No.2562 on the basis of the petitioner's representation dated 13.07.2024 within the time stipulated by this Court.

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2 W.P.(MD)NO.17497 OF 2024 For Petitioner : Mr.K.Navaneetha Raja, for Mr.T.Kanagaraj.

For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner wants this Court to forbear the respondents from laying any road on his patta land. A copy of patta No.2562 has been enclosed in the typed set of papers. It is seen therefrom that survey No.352/1, Keelanmarainadu Village in Vembakottai Taluk belongs to the petitioner. However in the FMB, marks are found in respect of survey No.352. The Government of Tamil Nadu has issued Survey Manual and it is seen therefrom that the marks found in the FMB would refer to "cart track". It is stated that if the existence of the pathway is mentioned in the " A" Register, its width will be not less than four meters. If the detail marks are found in the FMB alone, its width should be taken as below four meters. A cart track in the very nature of things cannot exceed 8 feet, that is, a little over two meters. Since the cart track detail mark is found in the FMB in respect of survey No.352/1, I cannot pass any blanket restraint order as prayed for by the petitioner. 2/5

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3. The respondents however cannot lay any tar road. The cart track has to be maintained only as cart track and its width cannot exceed 8 feet.

4. With these twin directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Virudhunagar District.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. The Tahsildar, Vembakottai, Virudhunagar District.

4. The Block Development Officer, Vembakottai, Virudhunagar District.

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5 W.P.(MD)NO.17497 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.17497 of 2024 30.07.2024 5/5