[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 1 to 4 to remove encroachments which are in existence in Survey No.938/2F, Nedunkulam Village, by way of issuing a writ of mandamus.
2.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 1 to 4. Considering the nature of the relief sought in the writ petition, notice need not be sent to the remaining respondents.
3.It is seen from the revenue records that Survey No.938/2F has been classified as a common pathway. The main contention putforth on the side of the petitioner is that the respondents 5 and 6 have made certain encroachments in Survey No.938/2F and further it is seen from the records that the second respondent has already directed the third respondent viz., Tahsildar, Sankarankovil Taluk to take appropriate action in respect of alleged encroachment.
4.Considering the aforesaid factual circumstances, this Court is inclined to pass the following order.
5.In fine, this writ petition is allowed without costs and the third respondent viz., Tahsildar, Sankarankovil Taluk is directed to conduct proper survey in respect of Survey No.938/2F in the presence of the respondents 5 and 6 and if there is any encroachment, remove the same under due process of law within a period of two months. Consequently, connected Miscellaneous Petition is closed.
To
1.The District Collector, O/o.The Collectorate, Tirunelveli, Tirunelveli District.
2.The Revenue Divisional officer, O/o. The Revenue Divisional Office, Collectorate Campus, Tirunelveli, Tirunelveli District.
3.The Tahsildar, Taluk Office, Sankarankovil, Sankarankovil Taluk, Tirunelveli District.
4.The Block Development Officer, O/o.The Block Development Office, N.G.O.Colony, Sankarankovil Taluk, Tirunelveli District.
.