A.Vavamydeen vs The District Collector, Tirunelveli District, & Ors.

This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments which

are in existence in Mettukal Road, Vadakarai, Shenkottai Taluk, Tirunelveli District, by way of issuing a writ of mandamus.

It is averred in the petition that the petitioner is a resident of Vadakarai Village, Shenkottai Taluk, Tirunelveli District. Further it is averred in the

petition that in Mettukal Road, Vadakarai Village, so many encroachments are in existence. The third respondent has surveyed the alleged

encroachments and ultimately sent a communication to the second respondent to remove the same. But the second respondent has not taken any

steps. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.

Mr.M.Govindan, learned Special Government Pleader, has taken notice for all the respondents.

The learned Special Government Pleader appearing for the respondents has contended to the effect that the third respondent has conducted

survey and ultimately found certain encroachments in the place mentioned in the petition.

It is also seen from the records that various representations have been given to the concerned authorities, but the same have not been

considered.

Considering the fact that already the third respondent has conducted survey and ultimately found that there are certain encroachments in the

place mentioned in the petition and also considering the fact that various representations have been given by the petitioner and the same have not

been considered, this Court is inclined to pass the following order.

In fine, this writ petition is allowed without costs and the second respondent viz., Assistant Divisional Engineer, Highways Department

(Construction and Maintenance), Shenkottai, Tirunelveli District is strictly directed to remove all encroachments which are in existence in the place

mentioned in the petition under due process of law within a period of two months.