[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 6 to remove encroachments which are in existence in Survey Nos.842/1 and 843/2, Thirukkolur Village, Thiruchendur Taluk, Thoothukudi District, by way of issuing a writ of mandamus.
2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondents 1 to 6. Considering the nature of the relief sought in the writ petition, notice need not be sent to the seventh respondent.
3.The learned counsel appearing for the petitioner has contended to the effect that Survey Nos.842/1 and 843/2, Thirukkolur Village, Thiruchendur Taluk, Thoothukudi District are the absolute properties of Public Works Department, wherein the seventh respondent has made certain encroachments and under the said circumstances, the present writ petition has been filed for getting the relief sought therein.
4.The learned Additional Government Pleader appearing for the respondents 1 to 6 has also conceded to the effect that Survey Nos.842/1 and 843/2 are the properties belonging to the Public Works Department. Further this Court has seen the concerned 'A' Register, wherein it has been clinchingly stated to the effect that both survey numbers are the absolute properties of the Public Works Department.
5.The main contention putforth on the side of the petitioner is that the seventh respondent has made certain encroachments. Further it is seen from the records that the concerned authorities have taken steps to remove encroachments. Under the said circumstances, this Court is inclined to pass the following order.
6.In fine, this writ petition is allowed without costs and the respondents 3 to 5 are strictly directed to remove encroachments alleged to have been made in Survey Nos.842/1 and 843/2, Thirukkolur Village, Thiruchendur Taluk, Thoothukudi District, under due process of law within a period of one month.
To
1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thiruchendur, Thoothukudi District.
3.The Tahsildar, Taluk Office, Thiruchendur Taluk, Thoothukudi District.
4.The Executive Engineer, Water Resources Organization/PWD, Tamirabarani Basin Division, Tirunelveli.
5.The Assistant Executive Engineer, Water Resources Organization/PWD, Lower Tamirabarani Basin Division, Srivaikuntam, Thoothukudi District.
6.The Superintendent of Police, Thoothukudi District, Thoothukudi..