ORDER :

S.S. Sundar, J.

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Form – III Notice under the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 (Sub Rule (1) of Rule 6), issued by the 1st Respondent dated 30.03.2022 and quash the same as illegal and consequently direct the 2nd and 3rd Respondents to issue Patta to the Petitioner and other Petitioners by taking into account the 3rd Respondent's Proceedings in Na.Ka.No.C3/19148/2009, dated 27.08.2009 within the stipulated time as fixed by this Hon'ble Court.

This writ petition is filed challenging the Form – III Notice dated 30.03.2022 issued by the 1st respondent under the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007 (Sub Rule (1) of Rule 6) and praying to direct the 2nd and 3rd Respondents to issue Patta to the Petitioners and others by taking into account the 3rd Respondent's Proceedings in Na.Ka.No.C3/19148/2009, dated 27.08.2009 within a time frame.

2. The petitioners, who are 43 in number, have put up small tiled houses in Survey Field No.92 in the village Thirupparankundram, Madurai District. Pursuant to the order of this Court, it is submitted that the respondents have initiated action for removal of encroachments against the petitioners and others. The writ petition has been filed mainly on the ground that they have not been served with Notice in Form – II before issuing Form – III Notice under the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007.

3. In respect of similar writ petition filed by another set of people, this Court has allowed the writ petition with a direction to the first respondent to issue Form – II Notice to the petitioners therein within a period of two weeks from the date of receipt of a copy of that order and to proceed further after getting objections/explanations from the petitioners therein, who are termed as encroachers.

4. Learned counsel appearing for the petitioners requests to pass a similar order in this case also. Learned Special Government Pleader contended that the petitioners herein were served with notice in Form – II. Though, learned Special Government Pleader has produced set of notices, which are stated to have been served to the petitioners, this Court is unable to find acknowledgment from any of the petitioners. Therefore, we hold that the petitioners have not been given notice in Form – II before issuing the impugned notices in Form – III.

5. Learned Special Government Pleader requests this Court to treat the notices issued to the petitioners, which are impugned in the writ petition as notices in Form – II and to give liberty to the respondents/authorized officers to pass final orders after hearing the objections/explanations of the petitioners. For this, learned counsel appearing for the petitioners has no objection.

6. Hence, this Writ Petition is allowed and the impugned notices in the writ petition in Form – III are set aside. However, Form – III notices shall be treated as notices in Form - II of Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007. It is open to the petitioners to raise their objections or representations in response to the impugned notices by treating the same as one issued in Form – II, which is required under the Act before issuing notice in Form – III. The 1st respondent is directed to consider the objections or representations offered by the petitioners and to pass appropriate orders and thereafter to take appropriate action, if necessary, by removing the encroachments. The representations of the petitioners that they have applied for patta and the matter is pending consideration before the State need not be considered as that will prolong the matter. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Mi