N. Kamalam, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 12.01.2018

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD)No.785 of 2018 and W.M.P(MD)No.855 of 2018 N.Kamalam .. Petitioner Vs.

1. The State of Tamil Nadu rep. by its Principal Secretary, Department of Housing and Urban Development, Chennai -9.

2. The Department of Municipal Administration and Water- Supply, rep. by its Principal Secretary, Chennai - 9.

3. The District Collector, Ramanathapuram District, Ramanathapuram.

4. The Assistant Engineer, Public Works Department, Parthibanoor Check Dam Section, Paramakudi, Ramanathapuram District.

..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned order dated 22.12.2017 on the file of the respondent No.4 and quash the same as illegal. For Petitioner : Mr.S.Louis For Respondents : Mr.V.R.Shanmuganathan Spl. Govt. Pleader

ORDER

[Order of the Court was delivered by N.KIRUBAKARAN,J] The petitioner is in occupation of a piece of land, which according to the petitioner, is classified as Natham Porampoke. Whereas, a notice has been issued to the petitioner, as if the petitioner has encroached upon the water body. Without giving notice, final order has been passed in violation of the principles of natural justice, the learned counsel appearing for the petitioner would submit.

2.Heard Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents.

3.A perusal of the impugned order would show that it is not a final order and it is only a notice issued under sub Rule (1) of Rule (6) in III of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

4.Notice is required to be given under Section 7(1) of the Act for passing the eviction order. Therefore, it is appropriate to treat the present impugned notice as notice issued under Section 7

(1) of the Act and the petitioner is directed to give reply to the impugned notice within two weeks from the date of receipt of a copy of this order. On receipt of the reply, the respondents are directed to conduct enquiry giving opportunity to the petitioner and pass final orders within a period of eight weeks thereafter. Till the final order is passed and it is served upon the petitioner, the petitioner's possession should not be disturbed. 5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary, Department of Housing and Urban Development, Chennai -9.

2. The Department of Municipal Administration and Water- Supply, rep. by its Principal Secretary, Chennai - 9.

3. The District Collector, Ramanathapuram District, Ramanathapuram.

4. The Assistant Engineer, Public Works Department, Parthibanoor Check Dam Section, Paramakudi, Ramanathapuram District.

+ 1 cc TO Mr.S.Louis , Advocate in SR No. 42145 + 1 cc TO The Special Government Pleader in SR No. 42531 skn AE/SV MMS/SAR4/08.02.2018/3P/7C W.P.(MD)No.785 of 2018 and W.M.P(MD)No.855 of 2018 12.01.2018