N ASAITHAMBI Vs. DISTRICT COLLECTOR TIRUVALLUR DISTRICT

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.R.Udhayakumar, learned Additional Government Pleader accepts notice on behalf of the respondents 1, 3 and 4 and Mr.P.Srinivas, learned Standing counsel accepts notice on behalf of the 2nd respondent.

(2.) The petitioner claims to be a resident of S.No.713/1B, Paruthipattu Village, Avadi Taluk, Tiruvallur District and he claims to have put up a semi-permanent superstructure and residing along with his family members for over 46 years and he has been issued with Family / Ration Card, Aadhar Cards, Electricity service connection and the said area has also been provided with basic amenities/facilities and the petitioner is also a recipient of freebies schemes floated by the Government of Tamil Nadu. The petitioner would further claim that he is an illiterate and there are very many residents like him, who had encroached upon the land and residing there for very many years and all of a sudden, without affording any opportunity whatsoever, the impugned Form-III Notice came to be issued under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 and the Rules framed thereunder.

(3.) The learned counsel for the petitioner would submit that on receipt of the said notice, the petitioner and other residents, who are similarly placed, had sent a joint representation dated 28.05.2018, pointing out the said fact and also sent a legal notice dated 04.06.2018 to the respondents, requesting them, not to initiate any action and despite receipt and acknowledgment, immediate and necessary steps are being taken to dispossess the petitioner from the site and superstructure in question and left with no other option, the petitioner is constrained to approach this Court by filing the present writ petition.