Madras High Court
S.Balasubramanian Alias Baskar vs The Government Of Tamil Nadu on 29 July, 2022
W.P.No. 19737of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2022
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. JUSTICE SUNDER MOHAN
W.P.No.19737 of 2022 and
W.M.P.No.19049 of 2022
S.Balasubramanian alias Baskar .. Petitioner
v.
1. The Government of Tamil Nadu,
Rep. By its Secretary to Government,
Public Works Department,
Fort St. George, Chennai – 600 009.
2. The Assistant Engineer,
Public Works Department,
Water Resources Organization,
River Protection Division, Karur. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorari to call for the records relating
to the notice in Form – III dated 23.072022 issued by the 2nd respondent in
respect of an extent of 450 sq.ft. in S.No.671/1, Kodumudi Village, Erode
District and quash the same.
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W.P.No. 19737of 2022
For Petitioner : Mr.AR. Karthik Lakshmanan
For Respondents :Mr. P.Muthukumar,
State Government Pleader
ORDER
(Order of the Court made by M.DURAISWAMY,J.)
The petitioner has filed the above Writ Petition to issue a Writ
of Certiorari to call for the records relating to the Form – III Notice, dated
23.072022 issued by the 2nd respondent in respect of an extent of 450
sq.ft. in S.No.671/1, Kodumudi Village, Erode District and to quash the
same.
2. It is the case of the petitioner that the 2nd respondent had issued
Form–III Notice even without issuing Form–II Notice, which is
mandatory as per the judgment of the Division Bench of this Court
reported in 2010(3) MLJ 771 [ T.S. Senthil Kumar v. Government of
Tamil Nadu, Represented by its Secretary, Public Works
Department, Chennai – 9 and others].
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W.P.No. 19737of 2022
3. On a perusal of the Judgment of the Division Bench of this
Court it is clear that the 2nd respondent should issue Form-II Notice prior
to the issuance of Form-III Notice. In the case on hand, the petitioner has
specifically stated that Form-II Notice has not been issued to him. In these
circumstances, the issuance of Form-III is vitiated.
4. Mr.AR. Karthik Lakshmanan, learned counsel appearing for the
petitioner submitted that Form-III Notice dated 23.07.2022, which is
impugned in this Writ Petition may be treated as Form-II Show Cause
Notice and the petitioner may be granted time for giving his reply to the
same.
5. Mr. P.Muthukumar, learned State Government Pleader, taking
notice for the respondents, submitted that the impugned notice may be
treated as Form-II Notice and the petitioner may be directed to give his
reply within a short time.
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W.P.No. 19737of 2022
6. Having regard to the submissions made by the learned counsel on
either side, we direct the petitioner to treat the Form – III Notice, dated
23.07.2022, which is impugned in this Writ Petition as Form-II Notice and
give his reply to the same to the 2nd respondent, within a period of two
weeks, from the date of receipt of a copy of this order and on receipt of
the reply, the 2nd respondent shall consider the same and pass orders on
merits and in accordance with law, as expeditiously as possible.
With the above observations, the Writ petition is disposed of. No
costs. Consequently, the connected Miscellaneous Petition is closed.
[M.D., J.] [S.M., J.]
29.07.2022
Index : Yes/No
Internet : Yes
Rj
To
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W.P.No. 19737of 2022
1. The Secretary to Government,
Government of Tamil Nadu,
Public Works Department,
Fort St. George, Chennai – 600 009.
2. The Assistant Engineer,
Public Works Department,
Water Resources Organization,
River Protection Division, Karur.
M. DURAISWAMY, J.
and
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W.P.No. 19737of 2022
SUNDER MOHAN, J
Rj
W.P.No.19737 of 2022 and
W.M.P.No.19049 of 2022
29.07.2022
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