Madras High Court
K.Venkataraman vs The Tahsildar on 5 March, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.5082 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.5082 of 2024
K.Venkataraman ... Petitioner
Vs.
1.The Tahsildar,
Thuraiyur Taluk,
Trichy District.
2.The Inspector of Police,
Thuraiyur Police Station,
Trichy District.
3.Ramasamy
4.Kaveri
5.Selvaraj
6.Thirumurugan ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the 1st Respondent to
survey and demarcate the common mamool Cart track pathway with the breath
of 7 feet in S.F.No.262/3A and 262/3B in Kottayur Village, Thuraiyur Taluk,
Trichy District with the help of the 2nd Respondent, by considering the
representation of the petitioner dated 05.01.2024.
https://www.mhc.tn.gov.in/judis
1/4
W.P(MD)No.5082 of 2024
For Petitioners : Mr.R.Gowrishankar
For Respondents : Mr.D.Gandhiraj
Special Government Pleader for R1
: Mr.A.Albert James
Government Advocate for R2
ORDER
Heard the learned counsel for the petitioner and the learned Special Government Pleader for R1 and the learned Government Advocate for R2.
2. The petitioner contends that a mamool cart track runs through the petition mentioned survey numbers and that it is evident from the FMB. He states that the cart track really existed and the same is also reflected in the revenue record and that it is the duty of the first respondent to survey and demarcate the same. However, without hearing the private respondents and also the official respondents, I cannot come to any positive conclusion. I therefore direct the first respondent to conduct enquiry in the matter. The first respondent will issue notice not only to the petitioner but also to the private respondents. If the first respondent is satisfied that the mamool cart track are existed, it shall be surveyed and demarcated. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of https://www.mhc.tn.gov.in/judis 2/4 W.P(MD)No.5082 of 2024 this order. I make it clear that I have not gone into the merits of the matter. If the Tahsildar accepts the case of the petitioner, it is the duty of the second respondent to provide necessary police protection.
3. The Writ Petition is disposed of accordingly. No costs.
05.03.2024
Index : Yes / No
Internet : Yes/ No
rmi
To
1.The Tahsildar,
Thuraiyur Taluk,
Trichy District.
2.The Inspector of Police,
Thuraiyur Police Station,
Trichy District.
https://www.mhc.tn.gov.in/judis 3/4 W.P(MD)No.5082 of 2024 G.R.SWAMINATHAN, J.
rmi W.P(MD)No.5082 of 2024 05.03.2024 https://www.mhc.tn.gov.in/judis 4/4