G.KARTHICK Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Writ of Mandamus has been instituted to remove the encroachment in Old Survey No.180/2B, New S.No.253/60 and its sub-division in S.No.250/60C3 in Vengikkal Village, Tiruvannamalai Taluk, Tiruvannamalai District and its surrounding area.

(2.) The learned counsel for the petitioner mainly contended that the respondents 13 to 15 in collusion with the official respondents have encroached the public land abutting the property belonging to the 13th respondent, a water culvert connecting the town water channel with a river called "Nochi Eri". The learned counsel for the petitioner states that during the monsoon season, the flow of water would be overwhelming and any construction over the channel would truncate or disrupt the flow of water and would flood the area.

(3.) It is contended that no doubt, the 13th respondent, Mr.A.Rajendran was owning a land measuring to the tune of 92^ sq.ft., however, in collusion with the Government Authorities, he could be able to secure patta over and above the land owned by him. In the encroached portion, now, attempts are made to put up the construction, which would cause greater inconvenience to the public at large.