M. LOGANADHAN Vs. TAHSILDAR, AMBATTUR, CHENNAI

JUDGEMENT

(1.) The petitioners have preferred these writ petitions being aggrieved by the notice dtd. 17/11/2018 issued by the second respondent under Form-III of the Tamil Nadu Protection of Tank and Eviction of Encroachment Rules, 2007, with regard to the lands of the petitioners in S. No. 151/Pt situated in Karampakkam Village, Maduravoyal Taluk, Chennai District.

(2.) The learned counsel for the petitioners contended that the Tamil Nadu Protection of Tank and Eviction of Encroachment Rules, 2007 contemplates issuance of a notice under Form-II before a notice is issued under Form-III of the said Rules.

(3.) The learned Government Pleader (i/c), on instructions, admits that no notice was issued to the petitioners under Form-II of the said Rules prior to the notice issued under Form-III. The learned Government Pleader (i/c) further submitted that the Tamil Nadu Protection of Tank and Eviction of Encroachment Rules, 2007 does not provide for issuance of notice to a particular party, but Form-II only contemplates that public at large are ordered not to encroach upon any land within the boundaries. Any encroachment within the boundaries is liable for eviction under Sec. 7 of the Tamil Nadu Protection of Tank and Eviction of Encroachment Act and the offenders shall be punished with imprisonment for a term which may extend to three months or fine of Rs.5,000.00 or with both under Sec. 7 of the Tamil Nadu Protection of Tank and Eviction of Encroachment Act. He further submitted that notice under Form-II was affixed at the office of the Village Administrative Officer. However, the learned Government Pleader (i/c) admits that no personal notice was given to the petitioners.