JUDGMENT : S.M. Subramaniam, J. (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing 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.) 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: Survey No. Extent Classification Patta No. and Name of the Pattahars Remarks 76/4A1 0.08.5 Punjai 3587 S.Gopi @ Bhuvaneshwari W/o Subramaniyam - 76/4A2 1.01.0 Punjai 3737 K.Revathi - 76/4A3 0.04.5 Punjai 3587 S.Gopi @ Bhuvaneshwari W/o Subramaniyam - 76/4A4 0.03.5 Punjai 433 Ramachandiran (1) Ramamoorty (2) Udayamoorthy (3) - 76/4B 0.00.5 Poramboke National Highways - 77/9 0.09.0 Manavari 393. Rai Chowdhri Krishnaveni - 78/4 0.12.5 Punjai 374. Munusamy Naicker Ramamoorthy 78/4B 0.05.0 Punjai 2200A. Jeenaseanan 78/4C 0.04.5 Punjai 394. Munusamy Naicker Ramamoorthy 79/5 0.10.5 Punjai 435. Vijayakumar (1) Viruthambal (2) Dhanammal (3) - 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 . Erstwhile 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. 4. In Survey Nos.78/4A, 78/4B, 78/4C are also patta lands classified as “Punjai” and the remarks only shown the . Erstwhile 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. 4. In FMB map, the pathway is mentioned as a detail through the Survey Nos.76/4A1, 76/4A2, 76/4A3, 76/4A4, 77/9, 79/5, 78/4A, 78/4B, 78/4C, but no revenue record A-Register does not indicate that pathway lies on Survey Nos.76/4A1, 76/4A2, 76/4A3, 76/4A4, 77/9, 79/5. In Survey Numbers 78/4B, 78/4C the pathway is mentioned as a detail in FMB and it may indicate that in A-Register. 5. The 7th respondent arranged a survey of lands on 17.02.2023 in the presence of Deputy Tahsildar, Vanagaram with the help of the Village Administration Officer, Noombal and Vanagaram, Revenue Inspector. During the field inspection it is known that the said survey numbers are now in the enjoyment of the following details are as follows : Survey No. Extent Patta No. and Name of the Pattahars Enjoyment in Current State 76/4A1 0.08.5 3587 S.Gopi @ Buvaneshwari W/o Subramaniyam Battery Shop Extent 42 Sq.m Kavitha Ware House Extent 295 Sq.m Sheet House Extent 30S.m M.N.S. Printers Extent 222 Sq.m 76/4A3 0.04.5 3587 S.Gopi @ Buvaneshwari W/o Subramaniyam 76/4A2 1.01.0 6503 K. Praveenkumar Building Extent 48 Sq.m Vacant land Extent 42 Sq.m 76/4A4 0.03.5 7055 K. Prabhu (1) K. Dhiwahar (2) K. Dhilipkumar (3) Yeka Herbal Cosmetic Company Extent 118 Sq.m 76/4B 0.00.5 Poramboke ---- 77/9 0.09.0 393 Ramamoorthy (1) Ramachandiran (2) Udayakumar (3) Central Government Employees (4) Kendhriyavihar residential area compound wall 78/4A 0.12.5 394 Ramamoorthy (1) Ramachandiran (2) Udayakumar (3) Central Government Employees (4) Kendhriyavihar residential area Pump house, E.B. Transform Extent 42 Sq.m 78/4C 0.04.5 78/4B 0.05.0 5949 B. Prakashchand (1) B. Manojkumar (2) Win printers compound wall extent 366 Sq.m 79/5 0.10.5 435 Ramamoorthy (1) Ramachandiran (2) Udayakumar (3) Vacant land The respondents 17 to 20 are tenant of the above said property they were not the land owners of the said properties. 6. Learned Advocate Commissioner appointed by this Court also submitted a report by stating that the Cart Track as stated is not in existence or usage. Patta had already been granted to the individuals. 6. Learned Advocate Commissioner appointed by this Court also submitted a report by stating that the Cart Track as stated is not in existence or usage. Patta had already been granted to the individuals. Though the earlier Advocate Commissioner referred Cart Track based on the revenue records made available, the Cart Track as stated is not in existence in the Survey number referred in the writ proceedings. 7. If the encroachments are unidentifiable, then the High Court in exercise of powers of judicial review cannot issue any direction with reference to patta lands. Only if the encroachers are identified with reference to the revenue records and the evidences available, then alone the writ of mandamus would lie to remove the encroachers by following the procedures as contemplated under the relevant Statutes and Rules in force. 8. The learned counsel for the petitioner would contend that there was a Cart Track even as per the revenue records and the petitioner is possessing records to establish that the Cart Track is in existence. 9. However, Mr. A. Selvendran, learned Special Government Pleader appearing on behalf of the respondents 1 and 2 would oppose the contentions made by the petitioner by stating that the Revenue Authorities verified the records and found that the subject properties referred in the present writ proceedings are patta lands and there are no encroachments. 10. In view of the disputed facts regarding the identification of the encroachment in a property, direction as such sought for cannot be granted and consequently, this Writ Petition fails and stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.