R.TAMILARASAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petitions have been filed to challenge the notices dtd. 4/8/2020 issued by the respondents invoking the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007 [for brevity, "the Rules of 2007"].

(2.) Challenge to the notices has been made alleging noncompliance of Sec. 7(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 [for brevity, "the Act of 2007"]. It is stated that despite a mandate to survey the land before issuance of an eviction notice under Rule 6 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007 [for brevity, "the Rules of 2007"], no such survey was conducted. It is submitted that the petitioners had made representations indicating possession of the land for several years after entering into sale deeds. It is with the indication that free flow of odai is not affected by the possession of the property and, thus, the impugned notices should be quashed.

(3.) Learned counsel for the petitioners submits that without causing survey, an allegation of encroachment has been made. He added that only on survey it can be ascertained by the respondent authorities as to whether the petitioners are occupying excess lands. It is submitted that the petitioners would not be opposing any action, if they are found to be in occupation of excess land after survey. A specific reference has been given in paragraph 8 of the affidavit filed in support of the writ petition. Thus, a direction is sought on the respondents not to give effect to the notice unless survey is conducted indicating encroachment of land.