E.P.NANDAGOPAL 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 pertaining to the impugned order dated 29.05.2018 passed by the 2nd respondent, to quash the same and consequently direct the respondents 1 to 3 to conduct re-survey to identify the boundaries between the petitioners' patta lands bearing R.S. Nos. 43/1 to 43/9 and 44/1 to 44/8 of Elavamalai Village, Erode Taluk and the River Bhavani bearing R.S. No. 808/1 of Bhavani Village and Taluk, Erode District by considering their objections dated 24.02.2018 and 09.03.2018, afresh,

(2.) It is the case of the petitioners that the 4th respondent filed a Writ Petition in W.P.No.17399 of 2017 to issue a Writ of Mandamus directing the official respondents to remove the encroachment in the river bed of Bhavani River i.e. S.F.No.808/1 in Bhavani Taluk of Erode District. The Division Bench of this Court, by order dated 15.11.2017, disposed of the Writ Petition directing the Executive Engineer, Public Works Department (Water Resource Organization), Bhavani Sagar Dam, Sathyamangalam, Erode District, to initiate proceedings under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 by issuing private notice to the private respondents under section 7 of the said Act, within a period of six weeks from the date of receipt of a copy of the said order and upon receipt of the same, the private respondents were given liberty to submit their explanation by enclosing relevant authenticated documents within a period of four weeks thereafter.

(3.) Subsequently, the 2nd respondent passed an order dated 03.02.2018 in Form-III under Rule 6 (1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, calling upon the petitioners to remove the encroachments.