Muthukaruppan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.19312 of 2024 Muthukaruppan ... Petitioner -vs1.The District Collector, District Collectorate Office, Pudukkottai District.

2.The District Revenue Officer District Collectorate Office, Pudukkottai District.

3.The Revenue Divisional Officer, Revenue Divisional Officer, Pudukkottai District.

4.The Tahsildar, Taluk Office, Illuppur Taluk, Pudukkottai District.

5.The Panchayat President, Pulvayal Panchayat, Illuppur Taluk, Pudukkottai District.

6.Palaniyappan

7.Meenakshi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate steps to maintain the cart track in the revenue records as per 1956 FMB, in S.F.No.189 of Sundarampatti Village, Illuppur Taluk, Pudukottai District and remove the obstruction made by the 6th to 7th respondents.

For Petitioner : Mr.R.Paranjothi For Respondents 1 to 5 : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.R.A.Ramachandran, learned Additional Government Pleader takes notice for the respondents 1 to 5. Since we are not passing any adverse order, notice to the respondents 6 and 7 is dispensed with. 2.It is the claim of the petitioner that there are encroachments over the cart track on ground (epytpay; tz;b ghij) in Survey No.189/1 and 2 of Sundarampatti Village, Illuppur Taluk, Pudukkottai District. 3.The petitioner has produced FMB sketch of field No.189 of Sundarampatti Village in which, a dotted line is formed across Survey No. 189/1 and 2. This according to the petitioner, indicates the existence of the cart track.

4.The learned Government Pleader has produced A register as well as the Field Measurement Book of the said Village, wherein there is no reference to a cart track either in the remarks column of the A Register or in the FMB sketch. Therefore, the very same existence of pathway is in doubt. 5.We therefore, do no deem it fit to entertain the Writ Petition in the given set of facts. The Writ Petition is therefore, dismissed with liberty to the petitioner to approach the appropriate Civil Court seeking reliefs. No Costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 14.10.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn

To 1.The District Collector, District Collectorate Office, Pudukkottai District.

2.The District Revenue Officer District Collectorate Office, Pudukkottai District.

3.The Revenue Divisional Officer, Revenue Divisional Officer, Pudukkottai District.

4.The Tahsildar, Taluk Office, Illuppur Taluk, Pudukkottai District.

5.The Panchayat President, Pulvayal Panchayat, Illuppur Taluk, Pudukkottai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 14.10.2024