Mohammadurila v. The District Collector
2024:MHC:2969
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :31.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P.No.23473 of 2024 in Mohammadurila ... Petitioner Vs.
1. The District Collector O/o.District Collectorate Office Cuddalore Cuddalore District
2. Assistant Engineer Water Resources Department Irrigation Division Public Works Department Office Lalpettai Cuddalore District ... Respondents Page Nos.1/8
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the entire records relating to the proceedings of the 2nd respondent in proceedings No.Form III Rule 6(1) dated 11.07.2024 and quash the same.
For Petitioner :
Mr.T.I.Ramanathan for Mr.R.Srinivasa Rao For Respondents :
Mr.P.Balathandayutham Spl.Govt.Pleader for respondents
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' ['WP' for the sake of brevity] has been filed assailing a 'notice dated 11.07.2024 issued by R2 [ Assistant Engineer, Water Resources Department Irrigation Division, Public Works Department Office, Lalpettai, Cuddalore District ]'{hereinafter 'impugned notice' for the sake of brevity}. A scanned reproduction of the notice is as follows: Page Nos.2/8
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2. Mr.T.I.Ramanathan, learned counsel representing the counsel on record for writ petitioner submits that the writ petitioner has not been given an opportunity to show-cause.
3. Issue notice to official respondents i.e., issue notice regarding admission.
4. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for both the respondents and learned State counsel submits that aforementioned 'impugned notice' has been issued to one Saira, wife of Mr.Abdul Hameed and she is writ petitioner's grandmother. Learned State counsel also submits that impugned notice has been issued under 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007' (hereinafter 'Tanks Act' for the sake of convenience and clarity) and the Rules thereunder i.e., 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007' (hereinafter 'Tanks Rules' for the sake of convenience and clarity).
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5. In the light of narrative thus far, we find that the legal perimeter within which the captioned main WP should perambulate has dwindled vastly and therefore, with the consent of learned counsel on both sides, main WP is taken up in the Admission Board.
6. As regards Tanks Act, the virus was upheld by this Court in T.S.Senthil Kumar's case [T.S.Senthil Kumar vs. Government of Tamil Nadu, reported in 2010-3-MLJ-771]. Thereafter in T.K.Shanmugam case (Full Bench) {T.K.Shanmugam Vs. State of Tamil Nadu reported in 2015
(5) LW 397} while affirming T.S.Senthil Kumar's judgment, Hon'ble Ful Bench read into the provisions of Tanks Act and the Rules thereunder, principles of natural justice, the same is contained in clauses (i), (ii) and (iii) of sub-paragraph (f) of paragraph 15 of T.K.Shanmugam case (Full Bench), which read as follows:
'(f) We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under. (i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the Page Nos.5/8
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.
(ii) On receipt of the said notice, the encroacher may give his/her objections relating to the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks.
(iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance with the provisions of the Act, giving time to the encroachers to remove the encroachment.'
7. In the light of the narrative thus far, the impugned notice shall now be treated as a show-cause notice (SCN) and the matter will proceed in accordance with Clauses (i), (ii) and (iii) of sub-paragraph (f) of paragraph 15 of T.K.Shanmugam case (Full Bench). In other words, depending on the cause shown by the writ petitioner, if it is acceptable, proceedings will be dropped and if that not be so, the matter will be carried to its logical end on its own merits and in accordance with law. We make it clear that all rights and contentions of writ petitioner as well as all concerned and the official respondents are preserved for the purpose of aforementioned exercise. Captioned WP and WMP are disposed of in the aforesaid manner. Though obvious we make it cleat that we have not expressed any opinion or Page Nos.6/8
view on the merits of the matter. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 31.07.2024 Index : Yes / No gpa To
1. The District Collector O/o.District Collectorate Office Cuddalore Cuddalore District
2. The Assistant Engineer Water Resources Department Irrigation Division Public Works Department Office Lalpettai Cuddalore District Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 31.07.2024 Page Nos.8/8