Kannan. A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.6484 of 2023 and W.M.P(MD)No.6130 of 2023 1.A.Kannan 2.Sevugaperumal 3.Kannaki 4.Kanimozhi 5.Gagendran 6.Valarmathi 7.Sumathi 8.Vanaja 9.Kumaran 10.Saravanan ... Petitioners Vs.

1.The District Collector, 2.The Tahsildar, Singampunari Taluk, 3.The Taluk Surveyor, Singampunari Taluk,

4.The Revenue Divisional Officer, Devakottai Division, 5.The Superintending Engineer, Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), Sivagangai District, Sivagangai.

6.The Assistant Engineer, Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Sivagangai Taluk, Sivagangai District, Sivagangai.

7.Murugesan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the respondents 5 and 6 to cancel the Electricity Connection No.054850051404 in S.No. 149/12 Patta No.73/13 Singampunari Village, Sivagangai District as per Revenue records issued by the respondents 1 to 4. For Petitioner : Mr.J.Gunaseelan Muthiah For R1 to R4 : Mr.N.Muthu Vijayan Special Government Pleader For R5 & R6 : Mr.S.Deenadhayalan,Standing Counsel For R7 : Mr.S.Sugumar

O R D E R

This Writ Petition has been filed in the nature of writ of mandamus seeking a direction to the first respondent to cancel the Electricity Connection No. 054850051404 in S.No.149/12 Patta No.73/13 Singampunari Village,

2. There is a dispute between the petitioners and the 7th respondent regarding title and possession. The learned counsel for the 7th respondent claims title to the suit property by way of a sale deed. The learned counsel for the petitioner on the other hand claims that patta for the aforementioned land stands in the names of the petitioners herein. It is also stated that the issue of possession is in dispute. The learned counsel for the petitioner claims that the petitioners are in possession and the learned counsel for the 7th respondent claims that the 7th respondent is in possession.

3. This issue can never be decided by this Court exercising jurisdiction under Article 226 of the Constitution of India particularly since the issue of

title will have to be decided only through evidence. The issue of possession also will have to be decided through evidence. Either one of the parties can approach the civil court and establish possession and title and seek appropriate remedy. Giving such liberty to the petitioner and the 7th respondent, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

20.06.2023 Index : Yes/No Internet : Yes/No CM

To, 1.The District Collector, 2.The Tahsildar, Singampunari Taluk, 3.The Taluk Surveyor, Singampunari Taluk, 4.The Revenue Divisional Officer, Devakottai Division, 5.The Superintending Engineer, Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), Sivagangai District, Sivagangai.

6.The Assistant Engineer, Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Sivagangai Taluk, Sivagangai District, Sivagangai.

C.V.KARTHIKEYAN, J.

CM W.P.(MD)No.6484 of 2023 and W.M.P(MD)No.6130 of 2023 20.06.2023