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Judgment
This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments alleged to have been made in (i) T.S.No.248/1, Ward No.7, Block No.4; (ii)T.S.No.156, Ward 2, Block 34, Karaikudi Town; (iii) Survey No.247/5 and (iv)241/5, Kalanivasal Revenue Village, Karaikudi Taluk, Sivagangai District, by way of issuing a writ of mandamus.
The learned counsel appearing for the petitioner has repeatedly contended to the effect that the Town Survey Numbers mentioned in the petition have been classified as sarkar poromboke oorani and sarkar punjai, wherein certain encroachments are in existence and further the then Tahsildar has passed an order to the effect that these lands are set apart for certain purpose and since there are certain encroachments in the said Town Survey Numbers, the present writ petition has been filed for getting the relief sought therein.
The learned Additional Government Pleader appearing for the respondents has also contended to the effect that the Town Survey Numbers mentioned in the petition are classified as sarkar poromboke oorani and street.
Considering the nature of the classification of Town Survey Numbers mentioned in the petition and also considering the contention putforth on the side of the petitioner, this Court is inclined to pass the following order.
In fine, this writ petition is allowed without costs and the third respondent is directed to take appropriate action to remove encroachments under due process of law within a period of one month.