The court confirmed the necessity of adhering to natural justice principles in eviction proceedings under relevant Tamil Nadu statutes.

ORDER :

1. Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'property at Door No.23/17, Plot No.3, Thiruvallur Nagar 1st Street, Ennore, Chennai-600 057 comprised in Survey No.20 of Kathivakkam Village, Tiruvotriyur Taluk (formerly Saidapet Taluk) Chennai District (formerly Chengalpet District)' {hereinafter 'said property' for the sake of brevity, convenience and clarity}.

2. A 'Show Cause Notice' {hereinafter 'SCN' for the sake of brevity} under Section 128 of TNULB Act signed on 26.08.2023 by R5 and the Regional Deputy Commissioner of Greater Chennai Corporation was issued to the writ petitioner. This notice bears reference 'Notice No.Z.O.X.C.No./50/2023' and the same shall hereinafter be referred to as 'said SCN'. Writ petitioner has shown cause by responding to said SCN vide response dated 08.09.2023 enclosing supporting documents as enclosures. Notwithstanding this position, writ petitioner is under pain of dispossession and that has necessitated the filing of captioned main WP is learned counsel's say.

3. Issue notice to respondents.

4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents 1 to 3 and Mr.G.T.Subramanian, learned Standing Counsel accepts notice for R4 and R5.

5. Mr.G.T.Subramanian, learned Standing Counsel for Greater Chennai Corporation who has accepted notice for R4 and R5 submits that the matter pertains to 'Survey No.20 of Kathivakkam Village, Tiruvotriyur Taluk (formerly Saidapet Taluk) Chennai District (formerly Chengalpet District)' {hereinafter 'said survey number' for the sake of brevity}. Learned Standing Counsel for Greater Chennai Corporation submits that a similar SCN (similar to said SCN) issued to three other persons in different door numbers in the same survey number was assailed by them vide W.P.No.39762 of 2024 and the same came to be disposed of by a Hon'ble Division Bench (Vacation Court) on 27.12.2024. We ferreted out the order from the official website of this Court and a scanned reproduction of the same is as follows:

6. Owing to the limited scope of the captioned main WP, main WP was taken up in the Admission Board with the consent of both sides.

7. A careful perusal of the afore-referred order dated 27.12.2024 in W.P.No.39762 of 2024 brings to light that only difference qua captioned WP is, the writ petitioner in the captioned WP has responded to said SCN. Therefore, recording this position (response dated 08.09.2023 which has been captured supra), we hold that the same order i.e., order dated 27.12.2024 in W.P.No.39762 of 2024 will govern the captioned WP also.

8. Be that as it may, in addition to the aforementioned earlier order made by Hon'ble Division Bench governing the captioned WP, Mr. T.K. Saravanan, learned State Counsel submits that action under 'Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'Tanks Act' for the sake of convenience, clarity and brevity} is envisaged and necessary preliminary notices have been issued. If action under Tanks Act is to be initiated, though obvious we make it clear that procedure laid down by Hon'ble Full Bench in T.K. Shanmugam Vs. State of Tamil Nadu , 2015 (5) LW 397 more particularly sub sub- paragraphs (i) to (iii) of sub-paragraph (f) of paragraph No.15 has to be followed. To be noted, paragraph 15(f)(i)(ii) and (iii) of T.K. Shanmugam case read as follows:

'15. Certain provisions of Tank Act namely, Sections 4 to 10 were challenged in a Writ Petition with a prayer to declare those provisions as null and void and contrary to Article 14 of the Constitution of India on th