N.Ranganathan Vs the District Collector

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the fourth, fifth and sixth respondents to remove the lamp posts that have been unlawfully erected on the Government Tarisu Land bearing Survey No.111/4A2A, which has been encroached upon by the seventh respondent, situated in Titakudi Taluk, Cuddalore District.

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For Petitioner : Mr.S.Natarajan For R1 to R3 : Mr.P.Murthi Government Advocate For R4 to R6 : Ms.M.S.Sindhuza assisted by Mr.L.Jai Venkatesh

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ORDER

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This writ petition is filed in a nature of writ directing the fourth to sixth respondents to remove the lamp post that have been unlawfully erected on the Government Tarisu Land bearing Survey No.111/4A2A, which has been encroached upon by the seventh respondent, situated in Titakudi Taluk, Cuddalore District.

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When the matter came up for hearing, the learned counsel, taking notice on behalf of the fourth to sixth respondents would submit that along with the application, the seventh respondent has claimed this land to be their Private property and a patta has been produced.

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The learned counsel appearing on behalf of the petitioner disputes the said position and submits that this land is a Government land. The seventh respondent has encroached in the land.

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It can also be seen that the petitioner has already filed a civil suit in O.S.No.23/2020 on the file of the Sub Court, Thittakudi. If it is the contention of the petitioner that the seventh respondent has encroached on Government land, it will be open for the petitioner to approach the Tahsildar and the Tahsildar will consider the representation. If the land is a Government property, they will take action in accordance with the Tamil Nadu Land Encroachment Act, 1905, if the encroachment is found to be objectionable. If the action of the seventh respondent is blocking the pathway of the petitioner, the petitioner has already filed a civil suit and the same will be addressed by the petitioner. The electricity authorities will also be bound by the ultimate decree that will be passed by the Civil Court. As on date, the electricity

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authorities are not expected to adjudicate on the rival claims made by the parties. As per the terms of the electric supply rules, even if there is any objection, they have to get an indemnity bond and grant connection. However, if the petitioner's right is vindicated either by the action of the Tahsildar or by the decree of the Civil Court, further action will be taken by the electricity board.

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With the said liberty kept open to the writ petitioner, the writ petition is disposed of. Since the suit has been pending since 2020, the learned Sub Court, Thittakudi is requested to dispose of the same as expeditiously as possible. Consequently, connected miscellaneous petition is closed. No costs.

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14.03.2025

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Neutral Citation: Yes/No nsl

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To