[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 first respondent viz., Tahsildar, Mudukulathur Taluk, Ramanathapuram District to remove the encroachments alleged to have been made in Survey Nos.305/1 and 305/2, Kadampodai Village, Mudukulathur Taluk, Ramanathapuam District, by way of issuing a writ of mandamus.
2.It is averred in the petition that the petitioner is a resident of Kadampodai Village, Mudukulathur Taluk, Ramanathapuam District. Further it is averred in the petition that in Kadampodai Village Survey Nos.305/1 and 305/2 have been classified as channels. The respondents 2 and 3 have made certain encroachments in Survey Nos.305/1 and 305/2 and the petitioner has given a representation on 19.09.2016. But the first respondent has not taken any action and therefore the present writ petition has been filed for getting the relief sought therein.
3.Mr.R.Velmurugan, learned Government Advocate, has taken notice for the first respondent. Considering the nature of the relief and also classification of survey numbers mentioned in the petition, notice need not be sent to the remaining respondents.
4.It is seen from the 'A' Register that Survey Nos.305/1 and 305/2 have been classified as channels.
5.Considering the fact that the survey numbers mentioned in the petition have been classified as channels and also considering the allegations made against the respondents 2 and 3, the following order can be passed.
6.In fine, this writ petition is allowed without costs and the first respondent is directed to remove encroachments alleged to have been made by the respondents 2 and 3 in Survey Nos.305/1 and 305/2, Kadampodai Village, Mudukulathur Taluk, Ramanathapuram District after giving proper opportunity to the persons concerned within a period of two months.
To The Tahsildar, Mudukulathur Taluk, Mudukulathur, Ramanathapuram District..