Veeraswami, C.J.- The validity of the Madras Land Encroachment Act, 1905 is impeached in this petition, which prays for a direction forbidding the respondents, the Assistant Engineer (Highways) Kallakurichi, and the District Revenue Officer, South Arcot District at Cuddalore, from evicting the petitioner from a portion of his building in Kallakurichi town. The petitioner has two buildings, both abutting the Salem main road. The petitioner maintains that the building in Survey No 305 with the site on which it stands, has been in the occupation of his family from the time of his grandfather, and for over 60 years, that his father made considerable improvements to the house, and that he made it a storeyed building. In the ground floor, there are 4 shops. By notice dated 22nd August, 1968, the Assistant Engineer (Highways) purporting to act under section. 6 of the Act, called upon the petitioner to remove the tiled top with the brick walls within a week, on the ground that this portion was an. encroachment on the highways road poromboke. The other building which is adjacent to it is said to be a pucca storeyed building, and this too is claimed by the petitioner to be in his possession

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