M.Etti, S/O.Murugan, v. The Section Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.2286 to 2289 of 2017 and W.M.P.No.2266 to 2269 of 2017 M.Etti ... Petitioner in WP.2286/2017 K.Anjalai ... Petitioner in WP.2287/2017 K.Bhoopathy ... Petitioner in WP.2288/2017 A.Shajahan ... Petitioner in WP.2289/2017 -VsThe Section Officer Water Resources Organization, Chembarambakkam Irrigation Division, Kundrathur, Chennai 600 069.

... Respondent in all WPs.

Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to the impugned notice of the respondent in Form III u/s 6 (1) dated 13.1.2017 in respect of Survey No.351/2, Kovur Village, Pallawaram Taluk, Kancheepuram District and quash the same and forbear the respondent, his men, servants, or agents or anyone claiming under him from in any manner interfering with the petitioner's peaceful possession and occupation of the portion of the property in survey No.351/2, of Kovur Village, Pallawaram Taluk, Kancheepuram District. For Petitioners :

M/s.AL.Gandhimathi For Respondent :

Mr.T.N.Rajagopalan Special Government Pleader

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) In view of the order judgment of this Court in T.S.Senthil Kumar v. The Government of Tamil Nadu and others, (2010) 3 MLJ 771, learned Special Government Pleader states that the notice dated 13.01.2017 be treated as a show cause notice and the https://hcservices.ecourts.gov.in/hcservices/

petitioners may file their reply within two (2) weeks, whereafter necessary orders will be passed. He, however, states that from the averments in the petitions, there appears to be no defense, as in terms of the revenue entry, the area occupied by the petitioners is 4th sluice area of Sembarambakkam lake and being categorised as a water area, the petitioners cannot occupy the same.

2.The aforesaid statement is taken on record. Writ petitions are, accordingly, disposed of. No costs. Consequently, W.M.P.Nos.2266 to 2269 of 2017 stand closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra To The Section Officer Water Resources Organization, Chembarambakkam Irrigation Division, Kundrathur, Chennai 600 069.

+1cc to M/s.AL.Gandhimathi, Advocate, S.R.No.6179 +1cc to the Government Pleader, S.R.No.6224 W.P.Nos.2286 to 2289 of 2017 MG(CO) CA(06/02/2017) https://hcservices.ecourts.gov.in/hcservices/