DAMODHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have filed the above Writ Petition to issue a writ of certiorarified mandamus to call for the records relating to the impugned Form-III notice dtd. 5/8/2022 issued by the 5th respondent and to quash the same and consequently, direct the respondents to re-classify the lands in S.No.109/B, situated at Thirutheri Village, Singaperumalkovil Village Panchayat, Chengalpattu Taluk, Chengalpattu District as Natham land and issue patta to the petitioners on par with others by considering the petitioners' representation dtd. 12/8/2022.

(2.) Mr.M.R.Jothimanian, learned counsel for the petitioners submitted that the 5th respondent had issued Form-III Notice without issuing Form-II Notice, which is a mandatory provision under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007. The learned counsel for the petitioners relied upon a judgment of the Division Bench of this Court reported in 2010 (3) MLJ 771 [T.S.Senthil Kumar Vs. Government of Tamil Nadu, represented by its Secretary, Public Works Department, Chennai - 9 and others].

(3.) On a perusal of the judgment of the Division Bench, it is clear that the 5th respondent should issue Form-II Notice prior to the issuance of Form-III Notice. In the case on hand, the petitioners have specifically stated that Form-II Notice has not been issued to them. In these circumstances, the issuance of Form-III Notice is vitiated.