Thangapandian.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.26280 of 2022 A.Thangapandian ...

Petitioner -vs1. The District Collector, Karur District, Karur.

2. The District Revenue Officer, Karur District, Karur.

3. The Revenue Divisional Officer, Kulithalai Revenue Division, Kulithalai, Karur District.

4. The Assistant Director,

Survey and Land Records, Karur District,Karur.

5. The Tahsildar, Kulithalai Taluk Office, Kulithalai, Karur District.

6. S. Santhiyagu

7. T. Anthonysamy

8. P. Balasubramani

9. S. Senthilkumar 10.A.Manickam ... 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 remove the encroachment caused by the respondents 6 to 10 on the public cart track in S.Nos.797 and 798. Poraikilan Patti, Gudalore Village, Kulithalai Taluk, Karur District and further directing the respondents 1 to 5 to subdivide the restore the public cart track as per the FMB sketch (prior to computerization) of Revenue records within a time frame fixed by this Court on the basis of the representation of the petitioner dated 12.05.2022.

For Petitioner : Mr.T.Pradeep For Respondent : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

2. The learned counsel for the petitioner submits that the public cart-track exists in S.Nos.797 and 798. The petitioner relies on the FMB sketch.

3. According to the instructions of the learned Special Government Pleader, there is no cart-track and some pathway is there. There is no obstruction on the pathway.

4. In case, the petitioner alleges encroachment on the pathway, then the petitioner may approach the authority

concerned as per G.O.(Ms) No.540 dated 04.12.2014. In case, such application is filed, the authority shall consider it on its own merits.

5. The writ petition stands disposed of. However there is no order as to costs.

[S.V.G., .C.J.] [K.K.R.K., J.] 29.11.2023 Index : Yes / No : Yes / No RR To:

1. The District Collector, Karur District, Karur.

2. The District Revenue Officer, Karur District, Karur.

3. The Revenue Divisional Officer, Kulithalai Revenue Division,

Kulithalai,Karur District.

4. The Assistant Director, Survey and Land Records, Karur District, Karur.

5. The Tahsildar, Kulithalai Taluk Office, Kulithalai,Karur District.

THE HONOURABLE CHIEF JUSTICE and K.K.RAMAKRISHNAN , J.

RR 29.11.2023