Petitioner sought writ directing revenue officers to declare specific patta lands as a public cart track. Court dismissed petition as 'A' register established exclusive private ownership of the land, rendering the public law remedy inappropriate for adjusting private titles.
No direction issued to convert the patta lands into a cart track.
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W.P.No.26891 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.26891 of 2022
S.Venkatesh
.. Petitioner
v.
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W.P.No.26891 of 2022
.. Respondents
Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 to 5 to ensure the usage of "Cart Track" (Vandi Pathai) passes in S.No.5/81 and S.No.5/7C situated at Theevattipatti Village, Kadaiyanpatti Taluk, Salem District and to restore the said Cart Track to its original position so as to enable the petitioner to reach his lands through the said Cart Track based on his representation dated 29.01.2022.
For Petitioner :: Mr.M.R.Jothimanian For Respondents :: Mr.P.Muthukumar State Government Pleader for R1 to R4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
Mr.S.Venkatesh, S/o Mr.Saminathan has filed this writ petition under
Article 226 of the Constitution of India to direct the respondents 2 to 5 to
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W.P.No.26891 of 2022
ensure the usage of "Cart Track" (Vandi Pathai) passeing in Survey No.5/81 and Survey No.5/7C situated at Theevattipatti Village, Kadaiyanpatti Taluk, Salem District and also to restore the said Cart Track to its original position so as to enable the petitioner to reach his lands.
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W.P.No.26891 of 2022
in the cart track for their usage. But subsequently, there has been no action. Therefore, a detailed representation was made by the villagers to the respondents 3 to 5 on 23.12.2021 requesting the respondents to take action against the obstructions made in the cart track in Survey No.5/81 and Survey No.5/7C of Theevattipatti Village. Again no action has been taken. Therefore, the petitioner has been advised to come to this Court. Concluding his arguments, it is stated that even the village map also shows that there is a cart track. Therefore, on the basis of the village map, a direction may be issued, he pleaded.
for the respondents 1 to 4, placing on record the written instructions along with a copy of the 'A' register, demonstrated before us that the lands covered in Survey No.5/81 and Survey No.5/7C are patta lands exclusively owned by the pattadhar-Ms.Dhanam. If the petitioner is able to succeed in establishing his easementary right for a cart track even inside a patta land, he has to workout his remedy in the manner known to law and no writ will lie.
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W.P.No.26891 of 2022
Government Pleader appearing for the respondents 1 to 4. A perusal of the 'A' register clearly shows that the lands covered in Survey No.5/81 and Survey No.5/7C situated in Theevattipatti Village belong to one Ms.Dhanam, therefore, we are unable to entertain this writ petition. Accordingly, the writ petition is dismissed. However, Mr.Jothimanian, learned counsel appearing for the petitioner submitted that this Court has got enormous power to make even a patta land as a cart track. But we are unable to support the said argument for the reason as indicated above. There is no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.K.K.,J.) Index : yes/no 10.10.2022 ss
To
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W.P.No.26891 of 2022
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W.P.No.26891 of 2022
THE HON'BLE ACTING CHIEF JUSTICE
AND D.KRISHNAKUMAR,J.
ss
W.P.No.26891 of 2022
10.10.2022
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3 issues framed by the court
Whether a writ of mandamus directing the respondents to convert patta lands into a cart track is maintainable in view of the 'A' register showing exclusive ownership.
Whether the Court can direct the conversion of privately owned patta lands into a public cart track despite established title.
Whether the petitioner is entitled to efficacy of an easement by invoking Article 226 against state revenue officers.
1 provisions across 1 enactments
S.Venkatesh
The District Collector and Inspector of Panchayats Salem District Salem
The Sub Collector/Revenue Divisional Officer Mettur Revenue Division Mettur Dam, Salem District
The Tahsildar Kadaiyampatti Taluk Kadaiyampatti Salem District
The Village Administrative Officer Theevattipatti Revenue Village Theevattipatti, Kadaiyampatti Taluk Salem District
The Block Development Officer/Commissioner Kadaiyampatti Panchayat Union Kadaiyampatti, Salem District
T.Raja
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
