Madras High Court
Rasathi vs The District Collector on 26 April, 2022
W.P(MD)Nos.7243 of 2022 etc. batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)Nos. 7243 to 7252 of 2022
and WMP(MD) Nos.5591, 5493, 5494, 5502, 5505, 5506, 5512, 5514,
5515, 5510, 5513, 5517, 5522, 5523, 5524, 5526, 5527, 5528, 5500,
5503, 5507, 5499, 5501, 5504, 5516, 5519, 5520, 5508,
5509 & 5511 of 2022
W.P(MD)No. 7243 of 2022
Rasathi ... Petitioner
Vs
1. The District Collector,
Office of District Collector,
Theni.
2. The Thasildar,
Office of Thasildar,
Bodinayakkanur Taluk,
Theni.
3. The President/ Executive Officer,
Ammapatti Village Panchayat,
Bodi Union,
Theni District.
4. The Assistant Engineer,
Water Resource Department,
Irrigation Division,
Bodi,
Theni District. .. Respondents
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W.P(MD)Nos.7243 of 2022 etc. batch
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, to call for
the records pertaining to the proceedings / warning notice for removal of
occupants dated 23.02.2022 issued by the fourth respondent herein and
quash the same as illegal and consequently direct the fourth respondent
herein not to disturb the peaceful possession of the petitioner who is
residing in Kannimar Kovil Street, B.Meenatchipuram comprised in S.F.No.
220 situated in B.Ammapatti Village, Bodinayakkanur, Theni District and
also direct the respondents 1 and 2 to issue patta in favour of the
petitioner considering his possession of more than 20 years based on the
representation dated 30.03.2022.
For Petitioner : Mr.A.Mithun Chakravarhi
For Respondents : Mr.K.Balasubramani,
Special Government Pleader
for R1, R2 & R4
COMMON ORDER
[Made by R.VIJAYAKUMAR, J.]
The present writ petitions have been filed challenging the
Form-III notice issued under the Tamil Nadu Protection of Tanks and
Eviction of Encroachment Act, 2007.
2. Admittedly, these writ petitions have been filed mainly on the
ground that the Form-III notices have been issued without being preceded
by Form-II notice.
3. The learned counsel for the respondent, on instructions,
submits that though the Form-II notice was affixed in the V.A.O. office, it
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W.P(MD)Nos.7243 of 2022 etc. batch
was not served to the writ petitioners. Hence, the same is in clear
violation of the principles laid down by the Division Bench of this Court in
the case of T.S.Senthilkumar v. Government of Tamil Nadu, Secretary
Department of Home Affairs/Prohibition & Excise & Ors., Judgment
reported in 2010 (3) MLJ 771.
4. The learned counsel for the respondent seeks liberty to
proceed afresh, after issuing Form-II notices. The same is recorded.
5. The impugned orders in the present writ petitions have not
been issued in accordance with the Division Bench judgment, hence, we
set aside the impugned orders, granting liberty to the respondents to
proceed afresh in accordance with law and as well as in accordance with
the orders of the Division Bench of our High Court.
6. The writ petitions stand allowed. No costs. Consequently,
connected Miscellaneous Petitions would not survive.
[P.U., J] [R.V., J]
26.04.2022
Index : No
RM/32
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W.P(MD)Nos.7243 of 2022 etc. batch
To:
1. The District Collector,
Office of District Collector,
Theni.
2. The Thasildar,
Office of Thasildar,
Bodinayakkanur Taluk,
Theni.
3. The Assistant Engineer,
Water Resource Department,
Irrigation Division,
Bodi,
Theni District.
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W.P(MD)Nos.7243 of 2022 etc. batch
PARESH UPADHYAY, J.
and
R.VIJAYAKUMAR, J.
RM
W.P(MD)Nos. 7243 to 7252 of 2022
and WMP(MD) Nos.5591, 5493,
5494, 5502, 5505, 5506, 5512,
5514, 5515, 5510, 5513, 5517,
5522, 5523, 5524, 5526, 5527,
5528, 5500, 5503, 5507, 5499,
5501, 5504, 5516, 5519, 5520,
5508, 5509 & 5511 of 2022
26.04.2022
https://www.mhc.tn.gov.in/judis
