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2022 Supreme(Mad) 2549

MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
A. Kannan – Appellant
Versus
Secretary, Public Works Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:P. Karl Max, Advocate. For the Respondents: A. Selvendran, Spl.G.P.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent in respect of his notice dated 20.11.2021 issued to the petitioner in Form-III under Rule 6 Sub-Rule (1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, relating to property comprised in Survey Number NIL, T.S.Number 117, Ward-D, Block-50, Zamin Pallavaram, Pallavaram, Chengalpattu District, of constructed house ad-measuring 40 Sq.M., to quash the same and consequently, forbear the respondents from interfering with the petitioner's peaceful possession and enjoyment of his subject property referred above.)

Munishwar Nath Bhandari, C.J.

1. By this Writ Petition, a challenge is made to the notice dated 20.11.2021 issued in Form-III under sub-rule (1) of Rule 6 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007 [for brevity, "the Rules of 2007"].

2. The challenge to the notice has been made mainly on the ground that the lands in question belong to the petitioner and he is having valid title in proof thereof, yet ignoring the aforesaid, the n

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