(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner challenges the order under Section 6 of Tamil Nadu Land Encroachment Act, 1905 passed by the second respondent.
2.It is an appealable order. However, the learned counsel for the writ petitioner contended that he has no claim on Survey No.445/3 of Pacode Village which is referred to the impugned order he would submit that his shop is located only in Survey No.445/1.
3.In view of the nature of controversy projected before this Court, we dispose of this writ petition with a direction to the second respondent to conduct survey of the land in question. Prior notice must be issued to the writ petitioner before conducting the survey. The writ petitioner is at liberty to place the materials in his support before the second respondent. The second respondent shall verify if the shop of the writ petitioner is located in Survey No.445/1 or 445/3. If after conducting the survey, it is found that the writ petitioner has committed encroachment in Survey No.445/3, then it shall be removed. Otherwise, the question of removing the writ petitioner shop in Survey No.445/1 does not arise.
4.This writ petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The District Collector, Kanyakumari District.
2.The Tahsildar, Vilavancode, Kanyakumari District..