Madras High Court
Unknown vs The State Of Tamil Nadu on 16 September, 2022
W.P.No.25064 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 16.09.2022
CORAM:
THE HON'BLE MR.M.DURAISWAMY,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.P.No.25064 of 2022
and W.M.P.Nos.24018 & 24019 of 2022
1.Damodharan
2.K.Dilli
3.D.Elumalai
4.V.G.Asokan
5.V.M.Sundaram
6.M.Samsudeen
7.V.Omega
8.V.Balamurugan
9.K.Parthasarathy
10.K.Venkatesan
11.M.Nagoor Meeran
12.K.Kamatchi
13.T.Mageswari
Page 1/8
https://www.mhc.tn.gov.in/judis
W.P.No.25064 of 2022
14.Vinayagam ... Petitioners
Vs.
1.The State of Tamil Nadu
rep by its Principal Secretary to Government
Revenue and Disaster Management Department,
Government of Tamil Nadu
Secretariat, Fort St.George,
Chennai - 600 009.
2.The District Collector cum
Inspector of Panchayats,
Chengalpattu District,
Chengalpattu.
3.The Tahsildar,
Chengalpattu Taluk,
Kancheepuram District.
4.The Revenue Inspector,
Singaperumal Koil Firka,
Chengalpattu Taluk,
Chengalpattu District.
5.The Commissioner,
Block Development Officer,
Village Panchayat,
Kattankolathur Panchayat Union,
Chengalpattu District.
6.The President,
Singaperumal Village Panchayat,
Kattankolathur Panchayat Union,
Chengalpattu District. ... Respondents
Page 2/8
https://www.mhc.tn.gov.in/judis
W.P.No.25064 of 2022
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of certiorarified mandamus calling for the
records relating to the impugned Form-III notice dated 05.08.2022
Ref:NIL issued by the 5th respondent and quash the same and
consequently, direct the respondents to re-classify the lands in
S.No.109/B, situated at Thirutheri Village, Singaperumalkovil Village
Panchayat, Chengalpattu Taluk, Chengalpattu District as Natham land
and issue patta to the petitioners on par with others by considering the
petitioners' representation dated 12.08.2022.
For Petitioners : Mr.M.R.Jothimanian
For Respondents : Mr.A.Selvendran,
Special Government Pleader (R1 to R4)
Mr.P.Muthukumar,
State Government Pleader (R5 & R6)
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
The petitioners have filed the above Writ Petition to issue a writ of
certiorarified mandamus to call for the records relating to the impugned
Form-III notice dated 05.08.2022 issued by the 5th respondent and to
quash the same and consequently, direct the respondents to re-classify the
lands in S.No.109/B, situated at Thirutheri Village, Singaperumalkovil
Page 3/8
https://www.mhc.tn.gov.in/judis
W.P.No.25064 of 2022
Village Panchayat, Chengalpattu Taluk, Chengalpattu District as Natham
land and issue patta to the petitioners on par with others by considering
the petitioners' representation dated 12.08.2022.
2.Mr.M.R.Jothimanian, learned counsel for the petitioners
submitted that the 5th respondent had issued Form-III Notice without
issuing Form-II Notice, which is a mandatory provision under the Tamil
Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007.
The learned counsel for the petitioners relied upon a judgment of the
Division Bench of this Court reported in 2010 (3) MLJ 771 [T.S.Senthil
Kumar Vs. Government of Tamil Nadu, represented by its Secretary,
Public Works Department, Chennai - 9 and others].
3.On a perusal of the judgment of the Division Bench, it is clear
that the 5th respondent should issue Form-II Notice prior to the issuance
of Form-III Notice. In the case on hand, the petitioners have specifically
stated that Form-II Notice has not been issued to them. In these
circumstances, the issuance of Form-III Notice is vitiated.
Page 4/8
https://www.mhc.tn.gov.in/judis
W.P.No.25064 of 2022
4.Mr.A.Selvendran, learned Special Government Pleader takes
notice for the respondents 1 to 4. Mr.P.Muthukumar, learned State
Government Pleader taking notice for the respondents 5 & 6 submitted
that the Form-III Notice issued by the 5th respondent may be construed as
Form-II Notice and liberty may be given to the petitioners to give their
reply to the said notice. Further, the learned State Government Pleader
submitted that in the event of the petitioners giving their reply within a
stipulated time, the 5th respondent may be directed to pass orders in
accordance with law.
5.Mr.M.R.Jothimanian, learned counsel for the petitioners also
agreed that the petitioners would give their reply to the notice within a
period of one week from the date of receipt of a copy of this order.
6.Having regard to the submissions made by the learned counsel on
either side, the Form-III Notice dated 05.08.2022 issued to the petitioners
shall be construed as Form-II Notice and the petitioners are given a
week's time for giving their reply to the said Notice. On receipt of the said
Page 5/8
https://www.mhc.tn.gov.in/judis
W.P.No.25064 of 2022
reply, the 5th respondent shall pass orders on merits and in accordance
with law, as expeditiously as possible.
7.With these observations, the Writ Petition is disposed of. No
costs. Consequently, the connected miscellaneous petitions are closed.
Index : Yes/No [M.D., ACJ.] [S.M., J.]
va 16.09.2022
To
1.The Principal Secretary to Government.
State of Tamil Nadu,
Revenue and Disaster Management Department,
Government of Tamil Nadu
Secretariat, Fort St.George,
Chennai - 600 009.
2.The District Collector cum
Inspector of Panchayats,
Chengalpattu District,
Chengalpattu.
3.The Tahsildar,
Chengalpattu Taluk,
Kancheepuram District.
4.The Revenue Inspector,
Page 6/8
https://www.mhc.tn.gov.in/judis
W.P.No.25064 of 2022
Singaperumal Koil Firka,
Chengalpattu Taluk,
Chengalpattu District.
5.The Commissioner,
Block Development Officer,
Village Panchayat,
Kattankolathur Panchayat Union,
Chengalpattu District.
6.The President,
Singaperumal Village Panchayat,
Kattankolathur Panchayat Union,
Chengalpattu District.
Page 7/8
https://www.mhc.tn.gov.in/judis
W.P.No.25064 of 2022
M.DURAISWAMY, ACJ.
and
SUNDER MOHAN, J.
va
W.P.No.25064 of 2022
and W.M.P.Nos.24018 & 24019 of 2022
(2/2)
16.09.2022
Page 8/8
https://www.mhc.tn.gov.in/judis
