SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Mad) 2550

MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
R. Saraswathi – Appellant
Versus
Assistant Engineer, (Water Resources Organisations) River Conservation Division, Karur – Respondent


Advocates appeared:
For the Petitioners:P. Kannan Kumar, Advocate. For the Respondent: P. Muthukumar, State Government Pleader.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records on the file of the respondent in Form No.3, dated 23.07.2022 and quash the same.)

Munishwar Nath Bhandari, C.J.

1. By this writ petition, challenge is made to Form-III notice issued under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

2. The main ground of challenge is denial of opportunity of hearing before causing notice under Form-III, and even non-service of the notice of Form-II under the Act of 2007. The petitioners have, however, submitted objection to the notice issued under Form-III, giving out that action aforesaid is nothing but out-come of the mala fides due to rivalry out of election. It was also submitted that there are many other encroachments but no action has been taken against them, while action has been initiated only against the petitioners, who are in possession of the land for the last forty years. In the light of the argument aforesaid, prayer is to set aside the notice issued under Form-III.

3. We have considered the submission made by learned counsel and perused the records.

4. T

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top