BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)No.5908 of 2022

and

W.M.P.(MD)No.4646 of 2022

M.Mahesh ... Petitioner

Vs.

The Assistant Engineer,

PWD/WRO, Irrigation Section,

Shenkottai

Tenkasi. ... Respondent

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order of the

respondent dated 11.03.2022 and quash the same.

For Petitioner :Mr.H.Arumugam

For Respondent :Mr.S.Vinodh

Government Advocate

ORDER

Heard both sides.

2. The petitioner challenges the Form III notice issued under the Tamil Nadu Protection of Tanks & Eviction of Encroachment Act.

3. Though Form II notice was also issued, we are satisfied that service was not properly effected. Survey was not conducted in the presence of the writ petitioner. In this view of the matter, the impugned Form III is quashed. The respondent is not only given liberty but also direction to resume the process of removal of encroachment from the stage where the defect crept in. In other words, fresh notice for survey has to be issued to the petitioner. T