Illegal encroachment of government land is prohibited under Section 7 of the Tamilnadu Land Encroachment Act, 1905, and electricity service connections to such encroachments should be disconnected.

W.P.(MD) No.350 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

and

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

W.P.(MD)No.350 of 2022

and

WMP(MD)Nos.274 of 2022

Aathisivam

... Petitioner

Vs.

1.The District Collector,

Sivagangai District,

Sivagangai.

2.The Tahsildhar,

Thirupathur Taluk,

Sivagangai District.

3.The Zonal Deputy Tahsildar,

Thirupathur Taluk,

Sivagangai District.

4.The Chairman,

Tamil Nadu Generation and

Distribution Corporation Ltd.,

144 Anna Salai,

Chennai 600 002.

... Respondents

(R4 impleaded suomotu vide order of this Court dated 12.01.2022)

PRAYER: Writ Petition is filed under Article 226 of the

Constitution of India, for issuance of a Writ of Certiorarified

Mandamus, to call for the records pertaining to the impugned

eviction notice issued by the 3^rd respondent herein and quash the

same as illegal and consequently direct the respondents 1 and 2

herein to grant patta in favour of the petitioner in respect of

S.F.No.888/23, situated in Veliyathur Village, Thirupathur Taluk,

Sivagangai District and also not to disturb the possession over the

above said land based on the representation, dated 29.12.2021.

For Petitioners

: Mr.Mithun Chakravarthi

For Respondents

: Mr.S.R.A.Ramachandran,

Addl.Govt.Pleader

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W.P.(MD) No.350 of 2022

O R D E R

S.VAIDYANATHAN, J.

and

DR.G.JAYACHANDRAN, J.

This Writ Petition is filed to quash the eviction Notice, dated

16.12.2021 and consequently to grant patta for the land in

possession of the writ petitioner.

2. Being prima facie satisfied that the petitioner has

illegally encroached the Government land, Notice under Section 7 of

the Tamilnadu Land Encroachment Act, 1905 has been issued. In such

circumstances, the petitioner has to establish that the land

belongs to him. At this juncture, it is worthwhile to refer the

said Notice, dated 16.12.2021.

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3. A reading of the above schedule would make it very clear

that the property does not belong to the petitioner and he has

encroached upon the Government land and had constructed bathroom and

compound.

4. This Court makes it clear that if any encroachment is found

to be made by the private parties, the electricity service

connection with respect to them shall be disconnected in the light

of the Judgment of the Division Bench of this Court in "P.Selvarajan

vs. The Commissioner of Municipal Administration, Chennai and

others" (W.P.No. 21639 of 2017) decided on 13.02.2018, wherein the

Division Bench has observed as follows, in consonance with the order

of the Supreme Court dated 05.01.2018, passed in Special Leave to

Appeal (C) No. 33863 of 2017:

“3. Learned counsel appearing for the fourth

respondent submitted that the fourth respondent

has made an application for regularisation and

that during the pendency of the proceedings, this

Court, by order dated 11.09.2017, directed

disconnection of electricity in respect of

basement, second and third floors of the fourth

respondent's premises, against which, the matter

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W.P.(MD) No.350 of 2022

was taken up to the Supreme Court. The Supreme

Court, in Petition for Special Leave to Appeal

(C).No.26509 of 2017, by order dated 13.10.2017,

did not interfere with the said order of this

Court dated 11.09.2017, and permitted the fourth

respondent herein to move the High Court. During

the pendency of this Writ Petition, the fourth

respo