LAWS(MAD)-2024-3-618

J. RAJENDRA PRASAD Vs. STATE OF TAMIL NADU

Decided On March 13, 2024
J. Rajendra Prasad Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The present writ of mandamus is to direct the respondents 1 to 8 to remove the encroachments in the Cart Track comprised in S.Nos.76/4, 77/9, 78/4, 79/5, Noombal Village, erstwhile Ambattur Taluk, presently Maduravoyal Taluk, Thiruvallur District and to direct the respondents 1 to 8 to maintain the Cart Track as a Public Road as per the Revenue Records without any encroachments in future.

(2.) Regarding the claim of the present writ petitioner, the Cart Track is encroached upon by the individuals. The respondents / Revenue Authorities filed a counter affidavit stating that the survey numbers mentioned in the writ petition have been classified as follows in the "A" register: "4. It is submitted that the above survey numbers have been classified as follows in the A Register: <IMG>JUDGEMENT_618_LAWS(MAD)3_2024_1.JPG</IMG>

(3.) The Village Account A-Register reveals that above Survey Nos.76/4A1, 76/4A2, 76/4A3, 76/4A4, 77/9, 79/5 are patta lands. In Survey Nos.78/4A, 78/4B, 78/4C are also patta lands classified as "Punjai" and the remarks only shown the "XXX XXX". Erstwhile "XXX XXX" is only used for agricultural purpose to move one agricultural land to another. As per the Revenue Record A-Register, there is no Cart Track is mentioned anywhere.