A municipal authority cannot authorize permanent encroachments on public streets, even for public works like water supply, as it bears a statutory and custodial duty to keep public roads free of obstructions, while state agencies may install essential electricity infrastructure provided it does not interfere with public access and safety.

ORDER

Heard Mr.T.P.Manoharan, learned Senior Counsel for Mr.T.M.Naveen representing the petitioner and Mr.Vasanthakumar Venkatesane, learned Additional Government Pleader for the respondents.

2. The petitioner is running a school under the name and style of “Amalorpavam Higher Secondary School”. It is situated in Thamarai Nagar of Puducherry. The petitioner states that as many as 1800 students are studying in the school. About 164 teaching and non-teaching employees are regularly working in its campus. One of its boundaries is the Kamaraj Street. The cause of action for the present writ petition is installation of a borewell and pumpset, concrete construction and pipes, running above the ground on the road by the sixth and seventh respondents. The petitioner states that such installation is preventing proper usage of the street and that the installation is an encroachment within the meaning of The Puducherry Municipalities Act, 1973 (9 of 1973).

3. The petitioner had called upon the fifth respondent to exercise his powers and remove the aforesaid encroachments. As the same was not done, the petitioner has come forward with the present writ petition. Mr.T.P.Manoharan submitted that to the encroachments, the Electricity Board of Puducherry had decided to install a transformer in the said area. Hence, he urged this Court to issue a writ as prayed for.

4. Taking note of the allegations in the affidavit, when the matter came up before me on 12.11.2025, I directed Mr.Vasanthakumar Venkatesane, who took notice on behalf of the respondents, to go on record by way of a counter. The matter was listed on 18.11.2025. On that day, Mr.Vasanthakumar Venkatesane pleaded on account of torrential rains in Puducherry, the concerned authorities had not given him any instructions. After granting a couple of adjournments, the matter was taken up for hearing today.

5. Mr.Vasanthakumar Venkatesane has filed separate counter affidavits on behalf of respondents 5 to 7.

6. Mr.T.P.Manoharan pointed out that in terms of Sections 253 and 254 of the Puducherry Municipalities Act, 1973, the fifth and sixth respondents are not entitled to install any borewell, submersible motor pumpsets, concrete constructions, pipelines and construct a motor room over a public street. The way out, according to Mr.Manoharan, is to declare that the street itself be permanently closed, by passing an order under Section 254 of the Puducherry Municipalities Act, 1973, and, thereafter, go about whatever manner of construction they please. He took me to the photographs enclosed in the typed set of papers, to point out that half of Kamaraj Street has been encroached upon by the Public Works Department by constructing a platform with the height of 3 feet, from which the pipeline runs into an adjoining building.

7. Mr.Vasanthakumar Venkatesane pointed out that, upon a request made by the Member of the Legislative Assembly of the area, seeking water supply for about 500 residents of the area, the Puducherry Municipality issued a 'No Objection Certificate' to the Water Works Sub Division of the Public Works Department to carry out the constructions. He also points out from the counter filed by the Electricity Board, that the Board has decided to install distribution transformers and allied high tension and low tension switch gears in the area. He relied upon Section 14 of The Electricity Act, 2003, to state that placing of electricity lines or electrical plants for transmission of electricity confers the power of a