[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 and 2 to remove encroachments alleged to have been made by the third respondent in Survey No.8/2, Nanguneri Village, Nanguneri Taluk, Tirunelveli District, by way of issuing a writ of mandamus.
2.It is averred in the petition that the petitioner is a resident of Thambupuram Village, Nanguneri Taluk, Tirunelveli District. Further it is averred in the petition that in Nanguneri Village Survey No.8/2 has been shown as catchment area. But the third respondent has made certain encroachments 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 respondents 1 and 2. Considering the nature of the relief sought in the writ petition and also considering the classification of the survey number mentioned in the petition, notice need not be sent to the third respondent.
4.It is seen from the records that Survey No.8/2 has been classified as catchment area. Considering the classification of the same and also considering the allegation made against the third respondent, this Court is of the view to pass the following order.
5.In fine, this writ petition is allowed without costs and the respondents 1 and 2 are directed to remove encroachments alleged to have been made by the third respondent after giving proper opportunities to the persons concerned under due process of law within a period of two months.
To
1.The District Collector, Tirunelveli District.
2.The Tasildar, Nanguneri Taluk, Tirunelveli District..