Madras High Court
Gurumoorthy vs The Assistant Engineer on 17 June, 2022
W.P.(MD)No.12266 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
and
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P.(MD)No.12266 of 2022
and
W.M.P.(MD)No.8714 of 2022
Gurumoorthy : Petitioner
Vs.
1.The Assistant Engineer
Water Resources Organization,
Public Works Department,
Nilaiyur Section,
Nilaiyur,
Periyar Vagai Basin Sub Division No.II,
Madurai – 625 002.
2.The Tahsildar
Thirupparankundram Taluk,
Thirupparankundram,
Madurai – 625 005. : Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12266 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying for a Writ of Writ of Certiorari to call for the
records pertaining to the Impugned Notice dated 29.01.2022
issued by the first respondent to the petitioner and quash the same
as illegal and against the constitutional safeguard.
For Petitioner : Mr.K.Kannan
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
ORDER
************
[Order of the Court was made by P.N.PRAKASH, J.]
Challenging the public notice dated 29.01.2021, issued by
the Assistant Engineer, Water Resources Organization, Public
Works Department, Nilaiyur, in Form II under Rule 6(3) of the Tamil
Nadu Protection of Tanks and Eviction of Encroachment Rules,
framed under Tamil Nadu Act 8 of 2007, the present writ petition
has been filed.
2.According to the petitioner, he is not an encroacher into
the water body and that without proper notice to him, he is likely to
be affected.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12266 of 2022
3.Today, Mr.A.Varathamuneeswaran, Work Inspector,
Public Works Department, Madurai is present.
4.Learned Special Government Pleader appearing for the
first respondent brought to the notice of this Court the judgment of
a Division Bench of this Court in T.S.Senthil Kumar Vs. The
Government of Tamil Nadu & others reported in 2010 Writ
L.R. 113, wherein the constitutional validity of Act 8 of 2007 was
upheld by this Court and in Paragraph No.20(f), the following
directions have been issued:
“(f) We uphold the Act, while we
provide for observance of principles of natural
justice within the Act itself, as under.
(i) When the officer of the Public
Works Department publishes the notice in Form-
II in the notice boards of the offices of Village
Administrative Officer, Village Panchayat Office
and the Water Resources Organization, notice
shall also be issued to the alleged encroacher to
the effect that the survey indidcates that the
place in his / her occupation is an encroachment
and secondly, the notice in Form-III of the Rules
may be issued.
(ii) On receipt of the said notice, the
encroacher may give his / her objections
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W.P.(MD)No.12266 of 2022
relating to the classification of the land in his /
her occupation and the nature of the
encroachment within a period of two weeks.
(iii) Thereafter, the authorities shall
consider the objections and pass appropriate
orders, in accordance with the provisions of the
Act, giving time to the encroachers to remove
the encroachment.”
5.In this case, the notice has been issued as early as on
29.01.2022, for which, the petitioner is said to have given a reply
on 02.05.2022.
6.Be that as it may, notice under challenge is a public
notice and we find no infirmity in the same for quashing it.
7.Recording the same, this Writ Petition is closed. There shall
be no order as to costs. Consequently, the connected miscellaneous
petition is closed.
[P.N.P.,J.] & [R.H.,J.]
17.06.2022
Index : Yes/No
Internet : Yes/No
MR
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12266 of 2022
To
1.The Assistant Engineer
Water Resources Organization,
Public Works Department,
Nilaiyur Section,
Nilaiyur,
Periyar Vagai Basin Sub Division No.II,
Madurai – 625 002.
2.The Tahsildar
Thirupparankundram Taluk,
Thirupparankundram,
Madurai – 625 005.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12266 of 2022
P.N.PRAKASH, J.
and
R.HEMALATHA, J.
MR
ORDER MADE IN
W.P.(MD)No.12266 of 2022
17.06.2022
https://www.mhc.tn.gov.in/judis
