T.N. BALACHANDRAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of certiorari to call for the records relating to the order of the 3rd respondent dated 20.09.2018 and that of the consequential notice of the 4th respondent made in Form - III dated 27.09.2018 and to quash the same insofar as the petitioners are concerned.

(2.) The final order passed under the provisions of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 is under challenge primarily on the ground that it was selective eviction. According to the petitioners, they have constructed residential houses about 40 years ago and the houses were assessed to Property Tax by the Local Body.

(3.) The 3rd respondent filed a report dated 22.10.2018 wherein it has been stated that the encroachers have encroached in the Zero Point of the Adyar River and considering the Red Alert issued by the Meteorological Department, the officials proceeded with the eviction of encroachment in the water-bodies to avoid flooding in the channels, rivers and waterways through the Taluk of Chengalpattu. The 3rd respondent issued notices under Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and prescribed Forms were issued to the persons, who have encroached upon the water-bodies.