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2014 DIGILAW 3429 (MAD)

K. Kondusamy v. District Collector, Virudhuangar District

2014-09-18

M.JAICHANDREN, R.MAHADEVAN

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Judgment M. Jaichandren, J. 1. This Writ Appeal has been filed against the order of the learned Single Judge, dated 24.07.2014, made in W.P.(MD).No.12118 of 2014. 2. The appellant herein was the petitioner in the Writ Petition in W.P.(MD).No.12118 of 2014. The appellant had filed the writ petition praying that this Court may be pleased to issue a Writ of Mandamus to direct the respondents to rectify the mistake of showing the existence of a cart track in the land, bearing Survey No.77/2D3, to an extent of 51 areas, in K.Chockalingapuram Village, Kundalakuthu Panchayat, Sattur Taluk, Virudhunagar District and to delete the same, by considering the representation, dated 13.10.2011. 3. The learned Single Judge, by his order, dated 24.07.2014, made in W.P.(MD).No.12118 of 2014, had disposed of the writ petition stating that it is left open to the appellant to approach the appropriate civil forum for seeking the necessary relief. The learned Single Judge had observed that the FMB sketch of the area concerned had been prepared 100 years ago and therefore, it would not be open to the petitioner to claim that the cart track in the said sketch had been improperly entered. Under the said circumstances, the revenue authorities would not be entitled to effect any change in the FMB sketch. 4. The learned counsel appearing on behalf of the appellant had submitted that it is for the respondents to rectify the mistakes, if any, made in the FMB sketch, relating to the area concerned. The learned Single Judge had held that the petitioner should approach the appropriate civil forum to establish the fact that there had been certain errors in the FMB sketch relating to the cart track. 5. The learned Special Government Pleader, appearing on behalf of the respondents had submitted that the revenue authorities concerned are not entitled to make corrections in the FMB sketch, with regard to the cart track in question, as claimed by the appellant. It is for the appellant to approach the appropriate civil forum to establish the fact relating to the existence of the cart track in the area concerned or the non-existence of the same. 6. It is for the appellant to approach the appropriate civil forum to establish the fact relating to the existence of the cart track in the area concerned or the non-existence of the same. 6. In view of the submissions made by the learned counsels appearing on behalf of the appellant, as well as the respondents, and on a perusal of the records available, we find no cause or reason to interfere with the order passed by the learned Single Judge, dated 24.07.2014, made in W.P. (MD).No.12118 of 2014. It is for the appellant to approach the appropriate civil forum to establish his claims, by furnishing sufficient evidence, both oral as well as documentary. As such, we find no merits in the present writ appeal. Hence, the writ appeal stands dismissed. No costs.