[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments which are in existence in Survey No.59/1A, Settiarpatti Village, Rajapalayam Taluk, Virudhunagr District, by way of issuing a writ of mandamus.
2.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the writ petition.
3.The learned counsel appearing for the fourth respondent has contended to the effect that admittedly there is an encroachment in Survey No.59/1A, but for the purpose of getting lease, a representation has been given to the first respondent.
4.On the basis of rival representations made on either side earlier, an Advocate Commissioner has been appointed and he inspected Survey No.59/1A and ultimately found that a portion of Marriage Hall is situate in Survey No.59/1A. It is an admitted fact that the fourth respondent is not the owner of Survey No.59/1A.
5.Considering the fact that in Survey No.59/1A encroachments are in existence, this Court is inclined to pass the following order.
6.In fine, this writ petition is allowed without costs and the respondents 1 to 3 are directed to remove encroachments after considering the representation alleged to have been given by the fourth respondent to the first respondent within a period of six months. Consequently, connected Miscellaneous Petition is closed.
To
1.The District Collector, Collectorate Building, Virudhunagar District.
2.The Revenue Divisional Officer, Sattur Revenue District, Sattur, Virudhunagar District.
3.The Tahsildar, Tahsildar Office, Rajapalayam, Virudhunagar District..