[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 5 to remove encroachments which are in existence in Survey Nos.129 and 130/2, Kalugumalai Panchayat, Kovilpatti Taluk, Tuticorin District, by way of issuing a writ of mandamus.
2.The learned counsel appearing for the petitioner has contended to the effect that Survey No.129 has been classified as Vannar Oorani and Survey No.130/2 has been classified as road and the respondents 6 and 7 have made certain encroachments and under the said circumstances, the present writ petition has been filed for getting the relief sought therein.
3.The learned Additional Government Pleader appearing for the respondents 1 to 4 has also equally represented to the effect that both survey numbers have been classified as Oorani as well as road. Further it is seen from the records that the concerned Executive Officer has sent a communication to the concerned Tahsildar to remove encroachments. But the concerned Tahsildar has not taken any steps.
4.Considering the nature of classification of Survey Nos.129 and 130/2 and also considering the communication sent to the fourth respondent, this Court is inclined to pass the following order.
5.In fine, this writ petition is allowed without costs and the fourth respondent viz., Tahsildar, Kovilpatti Taluk, Tuticorin District, is strictly directed to take appropriate proceedings for eviction in respect of Survey Nos.129 and 130/2, Kalugumalai Panchayat, Kovilpatti Taluk, Tuticorin District, within a period of one month.
To
1.The District Collector, Tuticorin District, Tuticorin.
2.The Asst. Director of Panchayats, Tirunelveli Region, Tirunelveli ? 627 009.
3.The Revenue Divisional Officer, Kovilpatti Revenue Division, Kovilpatti, Tuticorin District.
4.The Tahsildar, Kovilpatti Taluk, Kovilpatti, Tuticorin District.
5.The Executive Officer, Kalugumalai Panchayat, Kovilpatti Taluk, Tuticorin District..