Madras High Court
Anandhi vs Government Of Tamil Nadu Rep. By on 23 April, 2021
W.P. No. 33928 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2021
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
AND
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
W.P. No. 33928 of 2017
&
W.M.P. No. 37633 of 2017
Anandhi ..Petitioner
Vs.
1. Government of Tamil Nadu rep. by
its Principal Secretary,
Public Works Department,
Fort St. George, Chennai.
2. The District Collector,
Kancheepuram District.
3. The Thasildar,
Pallavaram Taluk Office,
Kancheepuram District.
4. The Assistant Engineer,
Public Works Department,
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W.P. No. 33928 of 2017
Water Resources Organisation,
Adyar Irrigation Division,
St. Thomas Mount, Chennai – 15.
5. The Member Secretary,
Chennai Metropolitan Development
Authority,
Chennai.
6. Casa Granda Builder Pvt. Ltd.,
Devi Apartments,
New No. 111, Old No. 59,
NPL, LB Road, Thiruvanmiyur,
Chennai – 600 041.
(R6 suo motu impleaded) ..Respondents
Prayer: Petition under Article 226 of the Constitution of India praying
for issue of a Writ of Certiorari to call for the records of the 4th respondent
in proceedings bearing No.Adayar/E10 dated 31.05.2017 and to quash the
same as without jurisdiction.
For Petitioner :: Ms.Subhashini for
Mr.R. Chandrasudan
For Respondents :: Mr.S. Kamalesh Kannan
Govt. Advocate for
R1 to R4
Mr. Raja Srinivas for R5
ORDER
(Order of the Court was made by N. KIRUBAKARAN,J.)
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W.P. No. 33928 of 2017
The matter is heard through videoconferencing.
2. The petitioner has challenged Form III notice issued under the
Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007
terming the petitioner as an encroacher, who is alleged to have created
encroachment on the water body Adyar River, comprised in S.No. 136,
Anakaputhur Village.
3. Ms. Subhashini, learned counsel for the petitioner would
submit that the petitioner is in occupation of the property for years together
and based on a registered power of attorney dated 15.12.2006, had put up
construction already. According to the learned counsel for the petitoiner,
without following the procedure as contemplated in the judgment in
T.S. Senthilkumar V. The Government of Tamil Nadu and Others reported
in (2010) 3 MLJ 771, the respondent issued Form III notice without giving
an opportunity and directed the petitioner to vacate the property.
4. However, Mr. S.Kamalesh Kannan, learned Government
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W.P. No. 33928 of 2017
Advocate would submit that the writ petition has become infructuous since
after the writ petition was filed, Form II notice has been issued on
27.12.2017. He would further submit that the impugned Form III notice
should have been preceded by a Form II notice and the impugned notice is
only a second step in the process. Now, that Form II notice has been issued,
the petitioner has got a right to file objection to the Form II notice, which
has been issued on 27.12.2017.
5. Considering the submission made by the learned Government
Advocate, the petitioner shall file her objections to the Form II notice
issued. Though the time to file objection to the Form II notice has expired,
taking into consideration, the pendency of the writ petition, this Court
grants four weeks time from the date of receipt of a copy of this order, to the
petitioner, to file her objection to the Form II notice dated 27.12.2017.
After considering the said objection, the 4th respondent shall pass
appropriate orders after giving a reasonable opportunity to the petitioner
within four weeks thereafter. Till the above exercise is completed, i.e, till
the order is passed by the 4th respondent on the objection to be filed by the
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W.P. No. 33928 of 2017
petitioner to the Form II notice and served on the petitioner, the petitioner’s
possession shall not be disturbed.
N. KIRUBAKARAN,.J
AND
T.V. THAMILSELVI,J.
nv
6. The writ petition is disposed of with the above direction. No
costs. Connected W.M.P.is closed.
(N.K.K.J.) (T.V.T.S.J.)
nv 23.04.2021
To
1. The Principal Secretary,
Public Works Department,
Fort St. George, Chennai.
2. The District Collector,
Kancheepuram District.
3. The Thasildar,
Pallavaram Taluk Office,
Kancheepuram District.
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W.P. No. 33928 of 2017
4. The Assistant Engineer,
Public Works Department,
Water Resources Organisation,
Adyar Irrigation Division,
St. Thomas Mount, Chennai – 15.
5. The Member Secretary,
Chennai Metropolitan Development
Authority,
Chennai.
N. KIRUBAKARAN,J.
AND
T.V.THAMILSELVI,J.
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W.P. No. 33928 of 2017
nv
W.P.No. 33928 of 2017
23.04.2021
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