CHARLES Vs. ASSISTANT ENGINEER (WATER RESOURCE DEPARTMENT)

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a writ of Certiorarified Mandamus to callf for the recrods relating to the impugned Form-III eviction notice dated 13.11.2019 issued by the first respondent and quash the same and consequently direct the second respondent to issue patta to the petitioner in respect of his dwelling house measuring about 12 cents (650 Sq Feet) in Re-Survey R.S.No.3/1, Old No.3/32, New No.4/88, Keelathataiyarkulam, Agastheeswaram Taluk, Kanyakumari District.

(2.) It is the case of the petitioner that the first respondent had issued Form-III notice dated 13.11.2019 without issuing Form-II notice to the petitioner. In the judgment in T.S.Senthil Kumar Vs. The Government of Tamil Nadu, represented by its Secretary, Public Works Department, Chennai and Others reproted in 2010 Writ L.R.113, the Division Bench of this Court held as follows:

(3.) In the above referred judgment, the Division Bench of this Court held that the principles of natural justice should be followed while removing the encroachment in the water bodies and that the Public Works Department should publish the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and Water Resources Organization and notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued.