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