The court cannot entertain a writ petition assuming encroachment without substantial evidence.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to take appropriate action to cancel the patta issued in favour of the sixth respondent in respect of S.F.Nos.702/1, 702/3 and 702/21, Karungalakudi Village, Melur Taluk, Madurai District. (Amended vide order dated 24.07.2023, passed in W.M.P. (MD) No.12745 of 2023.)

S.S. SUNDAR, J

1. W.P.(MD) No.25002 of 2022 is filed for issuance of a writ of mandamus directing the respondents 1 to 5 to take appropriate action to cancel the patta issued in favour of the sixth respondent in respect of S.F.Nos. 702/1, 702/3 and 702/21 of Karungalakudi Village, Melur Taluk, Madurai District.

2.W.P.(MD) No.15361 of 2023 is filed for issuance of a writ of mandamus forbearing the respondents not to lay any road by encroaching the petitioner''s patta land in Natham Survey Nos.702/1, 702/2 & 702/3 of Karungalakudi Village, Melur Taluk, Madurai.

3.Since the reliefs sought for in the writ petitions are interlinked with each other, both the writ petitions are clubbed together, heard together and are being disposed of by this common order.

4.The petitioner in W.P.(MD) No.25002 of 2022 is the fifth respondent in W.P.(MD) No.12953 of 2023 and the petitioner in W.P.(MD) No. 12953 of 2023 is the sixth respondent in W.P.(MD) No.25002 of 2022.

5.The petitioner in W.P.(MD) No.15361 of 2023 states that the property in Survey Nos.702/1, 702/2 & 702/3 of Karungalakudi Village, Melur Taluk, Madurai District, is his patta land and that under Natham Settlement, his possession and enjoyment over the said land is confirmed.

6.However, it is the case of the petitioner in W.P.(MD) No.25002 of 2022 that the land in Survey Nos.702/1, 702/2 & 702/3 of Karungalakudi Village, Melur Taluk, Madurai District, is a vacant site in a larger extent of land and the same is part of a pathway, which is being enjoyed by the public to have access to their respective houses.

7.Even though in W.P.(MD) No.25002 of 2022 the case was pleaded that by relying upon the revenue records, the official respondents have come with a positive case that the land in Survey Nos.702/1, 702/2 & 702/3 is the patta land of the petitioner in W.P.(MD) No.15361 of 2023. The petitioner in W.P.(MD) No.25002 of 2022 is not concerned with the other survey number, which is referred to in W.P.(MD) No.15361 of 2023, i.e. Survey No.702/2.

8.In a writ petition filed under Article 226 of the Constitution of India, this Court cannot go into the contentious issues relating to title of the individuals. The petitioner in W.P.(MD) No.25002 of 2022 has produced revenue records, which do not tally with the substantial documents filed by the petitioner in W.P.(MD) No.15361 of 2023. In these circumstances, this Court finds that the writ petition in W.P.(MD) No.25002 of 2022 cannot be entertained by assuming that the sixth respondent, who is the petitioner in W.P.(MD) No.15361 of 2023, is in encroachment, having regard to the documents and revenue records produced by him.

9.Hence, having regard to the fact that few issues raised by the petitioner in W.P.(MD) No.25002 of 2022 relating to the pathway is not supported by any revenue documents and that the documents filed by the sixth respondent in W.P.(MD) No.25002 of 2022, who is the petitioner in W.P. (MD) No.15361 of 2023, show that the land in dispute lies within the survey fields, for which a natham patta has been granted in favour of the sixth respondent in W.P.(MD) No.25002 of 2022, who is the petitioner in W.P.(MD) No.15361 of 2023, the writ petitions are disposed of with the following directions:

(i) W.P.(MD) No.25002 of 2022 is dismissed with liberty to the petitioner therein to approach the Civil Court to establish that he or any member of the public is having right of easment over the disputed pathway, to have access to their respective houses.

(ii) When a civil suit is filed by the petitioner in W.P. (MD) No.