R. BOOMI Vs. ASSISTANT ENGINEER, MADURAI

JUDGEMENT

(1.) This writ petition is filed challenging the Form - III Notice dtd. 30/3/2022 issued by the 1st respondent under the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 (Sub Rule (1) of Rule 6) and praying to direct the 2nd and 3rd Respondents to issue Patta to the Petitioners and others by taking into account the 3rd Respondent's Proceedings in Na.Ka.No.C3/19148/2009, dtd. 27/8/2009 within a time frame.

(2.) The petitioners, who are 43 in number, have put up small tiled houses in Survey Field No.92 in the village Thirupparankundram, Madurai District. Pursuant to the order of this Court, it is submitted that the respondents have initiated action for removal of encroachments against the petitioners and others. The writ petition has been filed mainly on the ground that they have not been served with Notice in Form - II before issuing Form - III Notice under the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007.

(3.) In respect of similar writ petition filed by another set of people, this Court has allowed the writ petition with a direction to the first respondent to issue Form - II Notice to the petitioners therein within a period of two weeks from the date of receipt of a copy of that order and to proceed further after getting objections/explanations from the petitioners therein, who are termed as encroachers.