1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)Nos.941 to 944 of 2011 and W.P.(MD)Nos.1173 , 1174 & 1505 of 2011 AND M.P.(MD)Nos.1,1,1,1,1 & 1 of 2011 P.Subbiah ..Petitioner in WP.No.941 of 2011 S.Nagarathinam ..Petitioner in WP.No.942 of 2011 S.Valli ..Petitioner in WP.No.943 of 2011 S.M.Kaliammal ..Petitioner in WP.No.944 of 2011 A.Soundara Pandian ..Petitioner in WP.No.1505 of 2011 M.Thavasi ..Petitioner in WP.No.1173 of 2011 M.Maheswari ..Petitioner in WP.No.1174 of 2011 Vs. The Assistant Engineer P.W.D/W.R.O, Periyar Main Canal Section, Sub Division No.1, Madurai – 2. ..Respondent in All WPs. Common Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned notice to order for removal of encroachment in Form III dated 27.12.2010 passed by the respondent and quash the same as illegal. For Petitioners : Mr. B.Saravanan (in W.P.Nos.941 to 944, 1173 & 1174 of 2011) For Petitioner : Mr.S.Samuel Jamesdevasagayam (in W.P.No.1505 of 2011) For Respondent : Mr. M.Rajarajan Govt.Advocate (in all WPs.) https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON ORDER (Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) These writ petitions are filed challenging the notice issued in Form III calling upon the petitioners to evict from encroachment from the piece and part of the land within twenty days, failing which, the encroachment will be removed and costs will be imposed against the encroachers. 2.The allegation made by the petitioners before this Court was that no survey was conducted prior to the eviction notice issued. The same is answered by the respondent and in paragraph Nos.4 to 6 it is stated as follows:- “It is submitted that the S.F.No.49/2A, Rajakambeeram village is classified as “Periyakulam Kanmoi” various complaints were received by this respondent from all the four corners about the encroachment made in the “Periyakulam Kanmoi”. Further, the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007) was also came into effect from 01.10.2007, which empowers this respondent to issue notice and evict the encroachers in the water bodies. 5.It is submitted that, as per the Act, on 15.12.2008, Form I was prepared by Madurai North Tahsildar marking the encroachment and mentioning the extent of encroachments, types of encroachment along with the name of the encroachers. It was also published in official Gazette. 6.It is submitted that, this respondent has issued the Form II notice on 27.12.2010 under the 2007 Act, which was also served to the encroachers by the Village Administrative Officer of Rajakambeeram village.” 3.In paragraph No.7 also it is stated that the encroachments were surveyed by the Firka Surveyor and a charge was also prepared by marking the encroachments, which was also published in Gazette. In paragraph 8 it is stated that on 27.07.2010 itself Form II Notices were issued under Section 7 of 2007 Act and the same was served by Rajakambeeram Village Administrative Officer, to the concerned persons to remove their encroachments. In paragraph 9, it is reiterated that survey was conducted as per 2007 Act. 4.In the light of the said averments contained in the counter affidavit, this Court is unable to accept the contentions of the petitioners that no survey was conducted before issuing the encroachment notice. In the light of the said counter affidavit, the petitioners are granted liberty to file their objections before the respondent within a period of two weeks from the date of receipt of a copy of this order and the respondent is directed to consider the https://hcservices.ecourts.gov.in/hcservices/ 3 same and pass orders regarding encroachments within a period of two weeks thereafter. Till orders are passed by the respondent, the status-quo as on today shall be maintained. 5.The writ petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Assistant Engineer P.W.D/W.R.O, Periyar Main Canal Section, Sub Division No.1, Madurai – 2. +6cc to Mr.B.Saravanan, Advocate Sr.Nos.10687 & 10688 +1cc to Mr.Samuel James Devasagayam, Advocate SR.No.10748 +1cc to The Special Government Pleader, SR.No.11003 MPK akm/11.03.11 /3p-10c/ W.P.(MD)Nos.941 to 944 of 2011 and W.P.(MD)Nos.1173 , 1174 & 1505 of 2011 01.03.2011 https://hcservices.ecourts.gov.in/hcservices/