C.Pazhanisami, v. The District Collector

ORDER [made by M. SUNDAR, J.) Mr. R. Jaikumar, learned counsel for writ petitioner, adverting to the writ support affidavit, submits that the writ petitioner owns agricultural lands in 'Survey Nos.49, 50/2C, 50/1A2 and 50/2A2, all in 066 Orathupalayam Village, Perundurai Taluk, Erode District' (hereinafter 'said agricultural lands' for the sake of convenience and clarity).

¶2Learned counsel submits that there is a well in 'Survey No.53/3B in 066 Orathuppalayam Village, Perundurai Taluk, Erode District' (hereinafter 'said well land' for the sake of convenience and clarity). Page Nos.2/10

¶3Lands in 'Survey Nos.33 and 34 of 066 Oraththuppalayam Village, Perundurai Taluk, Erode District' are lands which the writ petitioner is alleged to have encroached (hereinafter 'encroached lands' for the sake of convenience and clarity). To be noted, case of the State is that encroached lands belong to Public Works Department

(PWD).

¶4'Survey Nos.44/2, 48/1B and 44/3' pertain to writ petitioner's co-owners (hereinafter 'co-owner's lands' for the sake of convenience and clarity).

¶5Now, water pipelines which carry water from well land to agricultural lands (passing through encroached lands) have been disconnected, is learned counsel's say. That has necessitated the captioned WP, is learned counsel's further say.

¶6Issue notice to official respondents.

¶7Mr. V. Ravi, learned Special Government Pleader, accepts notice for official respondents (RR 1 to 3) and submits, on instructions, that with regard to encroached lands, proceedings under 'the Tamil Page Nos.3/10 Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act') were initiated and after an order under Section 6 of said 1905 Act was made, the writ petitioner earlier filed a writ petition being W.P.No.38402 of 2024 but withdrew the same for the purpose of pursuing appeal remedy and writ petitioner has filed an appeal to R2 (Executive Engineer, PWD) and the appeal is dated

18.12.2024. This appeal is statutory appeal under Section 10 of said 1905 Act and it has been filed with a stay petition under Section 10-B, is further say of learned State counsel. We were informed that R2 is the Appellate Authority being an officer specified by State Government vide Section 10 (aa) of said 1905 Act.

¶8R4 (R.S. Subramaniam) is said to be a co-owner of said well land. Therefore, we make it clear that all the rights and contentions of R4 are preserved as regards directions in this order. As safety valve has been put in place as regards rights and contentions of R4, there is no impediment in taking up the captioned WP in the Admission Board. We do so with the consent of learned counsel on both sides. Page Nos.4/10

¶9Before we proceed further, we are constrained to observe that the prayer in a previous writ petition being W.P.No.38402 of 2024 pertains to encroached lands and some relief regarding agricultural lands have been jumbled together. Therefore, we have set out the survey numbers with clarity and specificity as could be culled out from the case file.

¶10This takes us back to statutory appeal. A stay petition under Section 10-B i.e., stay petition pending appeal before R2 has been taken out and the same is wide enough empowering the Appellate Authority to pass any order subject to such conditions as may be specified therein. Therefore, this plea of writ petitioner to permit pipelines through encroached lands for irrigation of agricultural lands pending appeal, can also be considered by the Appellate Authority in the stay petition. We deem it appropriate to record that the writ petitioner has sent a representation to R2 in this regard being representation dated 08.01.2025 and a scanned reproduction of the same is as follows: Page Nos.5/10 Page Nos.6/10 Page Nos.7/10 Page Nos.8/10

¶11We record the stated position of learned State counsel that R2 (Appeallate Authority) will now consider the aforementioned representation also while making an order in the stay petition under Section 10-B which shall be made as expeditiously as the business of R2 would permit but in any event within four weeks from today i.e., by

25.03.2025. Though obvious, we make it clear that it is open to R2 to take up main appeal itself within this time frame if official business of R2 permits R2 to do so.

¶12Captioned WP stands disposed of in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (K.G.T., J.)

25.02.2025 cad Index : Yes / No Speaking order / Non-speaking order Page Nos.9/10

M.SUNDAR, J. and

K. GOVINDARAJAN THILAKAVADI, J. cad To:

¶1The District Collector Erode District Erode 638 002

¶2The Executive Engineer Public Works Department Catchment Area Extension Division Division – 4 Keelbavani Kangeyam Erode District 638 701

¶3The Assistant Executive Engineer Public Works Department Keelbavani Kangeyam Erode District 638 701 W.P.No.5774 of 2025

25.02.2025 Page Nos.10/10

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.02.2025 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.5774 of 2025 C. Pazhanisami Petitioner vs. 1. The District Collector Erode District Erode 638 002 2. The Executive Engineer Public Works Department Catchment Area Extension Division Division – 4 Keelbavani Kangeyam Erode District 638 701 3. The Assistant Executive Engineer Public Works Department Keelbavani Kangeyam Erode District 638 701 4. R.S. Subramaniam Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to grant to the petitioner, permission to lay a new pipeline in Survey Nos.33 and 34 of the second and third respondent land, to bring water from Page Nos.1/10 the well to agricultural land or an alternative to permit the petitioner to connect his pipeline with common pipeline which was already laid by his co-owners in S.Nos.33 and 34 of the second and third respondents' land and the petitioner undertakes to pay all necessary charges to the respondents for using 2nd and 3rd respondent land. For petitioner Mr. R. Jaikumar For RR 1-3 Mr. V. Ravi Special Government Pleader