G.Mary v. State Rep By.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.No.3132 of 2022 and WMP.Nos.3297 and 3299/2022 G.Mary
...Petitioner
-vs1. The Secretary to Government, Water Resource Department, Secretariat, St. George Fort, Chennai-600 009.
2. The District Collector, O/o. The District Collector, Chennai District.
3. The Assistant Engineer, Water Resource Department, Adyar Irrigation Division, St.Thomas Mount, Chennai-600 016.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari, calling for the records on the file of the 3rd respondent Notice in Form III see Rule 6(1) I, dated 29.12.2021 served on the petitioners on 30.12.2021 with reference to Form-1, and quash the same as erroneous, unlawful and issued without jurisdiction. For Petitioner :
Mr.S.Nambirajan For Respondents :
Mr.J.Ravindran, AAG assisted by Mr.A.Selvendran, Spl.G.P.
ORDER
(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed, challenging the Form-III Notice dated 29.12.2021 issued by the 3rd respondent, namely, the Assistant Engineer, Water Resource Department, Adyar Irrigation Division, St.Thomas Mount, Chennai-16 and to set aside the same.
2. The matter was listed to-day under the caption, 'for admission'.
3. Learned Counsel appearing for the petitioner would submit that the petitioner has been issued with the impugned Form-III notice by the 3rd respondent, namely, the Assistant Engineer, Water Resource Department, Adyar Irrigation Division, St.Thomas Mount, Chennai-16, without hearing her alleging that the petitioner is an encroacher of the land in Survey No.509, Manapakkam, Sriperumbudur Taluk, Kancheepuram District. But, according to the learned Counsel for the petitioner, the land in Survey No.509 stated above does not come under the category of drain land.
4. At this stage, Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.A.Selvendran, learned Special Government Pleader taking notice for the respondents submitted that originally, the petitioner ought to have been issued with Form-2 notice under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, because the public are prohibited from encroaching upon any drain land within the boundaries marked in the map duly authorised by the Tahsildar. Therefore, if the petitioner is in encroachment of the boundaries, she is liable for eviction under Section 7 of the said Act. Once Form-II Notice is issued, the petitioner shall be liable to give her explanation based on which if the 3rd respondent is not satisfied, then he can proceed to issue the Form-III Notice. The learned Additional Advocate General would also submit that the petitioner has not taken up this point.
5. Agreeing with the stand taken by the learned Additional Advocate General for the respondents, we hereby order that the impugned Form-III notice shall be treated as Form-II Notice and the petitioner is given two weeks time from today to give her explanation and on receipt of the same, the 3rd respondent shall consider and dispose of the same, within a period of two weeks thereafter and can proceed further in accordance with law, in case, if the explanation is found to be unsatisfactory.
6. With the above observation and direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are also closed. No costs.
Sd/- Deputy Registrar (CS) //True Copy// Sub Assistant Registrar tsi
To
1. The Secretary to Government, Water Resource Department, Secretariat, St. George Fort, Chennai-600 009.
2. The District Collector, O/o. The District Collector, Chennai District.
3. The Assistant Engineer, Water Resource Department, Adyar Irrigation Division, St.Thomas Mount, Chennai-600 016.
+1cc to Mr.S.Nambirajan, Advocate SR. No.10982 W.P.No.3132/2022 PMK (CO) PR (01/03/2022)