Arikarasuthan v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD I.Arikarasuthan ..
Petitioner Vs.
1. State of Tamil Nadu Rep. by its Secretary to Government Department of Home Affairs St. George Town, Chennai - 600 009.
2. The District Collector District Collector Office Villupuram, Villupuram District.
3. The Tahsildar Marakkanam Taluk Office Marakkanam.
4. The Board Development Officer Marakkanam Development Office Marakkanam, Villupuram District.
5. The Inspector of Police Marakkanam Police Station Marakkanam, Villupuram District.
6. Jayamurthi
7. Ramachandran
8. Aagaabaram
9. Kalaivannan ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider the representation dated 09.12.2021 and direct the respondent Nos.1 to 5 to remove the encroachment village pathway at Thazhangadu Village S.No.139/10 to install the electricity lamp post in the village pathway. For the Petitioner : Mr.S.Vellidoss For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.P.Harish Government Advocate for R1 to R3 Mr.T.K.Saravanan Government Advocate for R4
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.S.Vellidoss, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.P.Harish, learned Government Advocate for respondent Nos.1 to 3 and Mr.T.K.Saravanan, learned Government Advocate for respondent No.4.
2. The present writ petition is filed seeking directions against respondent Nos.1 to 5 to remove the encroachment from the land in S.No.139/10.
3. Learned counsel for the petitioner submits that the Tahsildar has given a report stating that the land in S.No.139/10 is a Government Cart Track and the trees are to be removed for installing electric poles and street lights, however, respondent Nos.6 to 9 have encroached upon the said land.
4. Learned State Government Pleader points out that the said land in S.No.139/10 is a patta land and the patta stands in favour of individuals.
5. The petitioner cannot file such a public interest litigation without verifying all the facts. The Government also cannot take action under the provisions of the Tamil Nadu Land Encroachment Act, 1905, in respect of patta properties and if issuance of patta is to be
challenged, remedy is available for filing an appeal under the provisions of the Tamil Nadu Patta Passbook Act, 1983.
6. The present writ petition does not appear to be bonafide. The writ petition, accordingly, stands dismissed. There shall be no orders as to costs.
(S.V.G., CJ.) (J.S.N.P., J.) 18.04.2024 Index :
Yes/No :
Yes/No drm To
1. The Secretary to Government State of Tamil Nadu Department of Home Affairs St. George Town, Chennai - 600 009.
2. The District Collector District Collector Office Villupuram, Villupuram District.
3. The Tahsildar Marakkanam Taluk Office Marakkanam.
4. The Board Development Officer Marakkanam Development Office Marakkanam, Villupuram District.
5. The Inspector of Police Marakkanam Police Station Marakkanam, Villupuram District.
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
(drm) 18.04.2024