N.Vijaya v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.13551 & 13552 of 2025 N.Vijaya ... Petitioner Vs.

The Assistant Engineer, Water Resources Department, River Protection Division, Mukkombu, Trichy District.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned Form - III Notice in Letter No.48/Ko12/U.Po(Ni)/2025/ dated 12.05.2025 issued by the respondent, quash the same as illegal.

For Petitioner : Mr.B.Prasanna Vinoth For Respondent : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

Heard both sides.

2.The petitioner has been issued with Form - 3 notice called upon her to remove the encroachment in Survey No.125/3. The Specific allegation of the petitioner is that she was not served with Form - 2 notice. It is also stated by her that survey was not conducted in her presence. We do not want to go into this controversy at present.

3.We direct the respondent to issue fresh notice to the petitioner and conduct survey. Form - 2 notice shall thereafter be issued to the petitioner. The petitioner is permitted to offer her objection before the respondent. The respondent shall consider the petitioner's objection and pass final order on merits and in accordance with law. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. The impugned Form - 3 notice is set aside.

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4.This Writ Petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 03.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To The Assistant Engineer, Water Resources Department, River Protection Division, Mukkombu, Trichy District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 03.07.2025 4/4