LAWS(MAD)-2017-2-31

S.SUBBIAH Vs. THE DISTRICT COLLECTOR AND ORS.

Decided On February 13, 2017
S.SUBBIAH Appellant
V/S
The District Collector and Ors. Respondents

JUDGEMENT

(1.) 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 alleged to have been made in Survey Nos.386/2, 388/3, 388/5 and 389/2 and 3 of Vikramasingapuram Part-I Village, Ambasamudram Taluk, Tirunelveli District, 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 and also classification of four survey numbers mentioned therein, notice need not be sent to the fifth respondent.

(3.) The learned counsel appearing for the petitioner has contended to the effect that the District Revenue Officer, Tirunelveli after considering the classification of four survey numbers has submitted a report to the District Collector, Tirunelveli, wherein except Survey No.389/2, the remaining survey numbers have been shown as cart track and further the said survey numbers belong to the Government and under the said circumstances for removal of encroachments, the present writ petition has been filed.