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Judgment
(Order of the Court was made by C.V.KARTHIKEYAN, J)
The writ petition has been filed in the nature of a mandamus seeking a direction against the respondents 1 and 2 District Collector, Sivagangai and Tahsildar, Sivagangai Taluk to remove the alleged encroachment said to have been made by the third respondent Ramalingam, S/o. Myakunju,Thamarakki South Village,Thamarakki Post,Sivagangai District in the public park in Arasu Nanjai land on the south of Erumaikulam in Survey No. 93/3 which measures 1 Acre 75 cents in Thamarakki Village, Sivagangai Taluk, Sivagangai District.
In the affidavit filed in support of the writ petition, it had been stated that the third respondent had encroached into the land on the south of Erumaikulam pond, which is arasu nanja land in S.No.93/3 measuring 1 acre 75 cents. It is stated that there is a cart track running on the east-west. But however, the villagers cannot access it owing to the encroachment.
Notice had been directed to the third respondent.
The learned counsel for the petitioner stated that there was assignment of free patta initially in the land in S.No.93/3 in favour of his mother-in-law of the petitioner and later the land had been subdivided. It now stands in the name of the wife of the petitioner.
The learned Government Pleader stated that the survey had been fixed to be conducted on 09.09.2026.
Let the notice of survey be conveyed to the third respondent by this order. He may also inform his wife and mother-in-law about the survey. Independently if they are available, notice may also be served on them. Let notice be served on all the required parties in S.No.93/8 and thereafter the survey be conducted by the 2nd respondent with the assistance of the registered Surveyor attached to the office of the Tahsildar. If there are encroachments found in the Government land, then appropriate proceedings may be initiated under the Land Encroachment Act for removal of encroachment. No further directions are required to be passed in this writ petition. Accordingly, the writ petition stands disposed of. No costs.