Authority must conduct a factual inquiry before taking action under the Disaster Management Act, ensuring the rights of the property owner are upheld.

(Order of the Court was made by S.M.Subramaniam J.)

Notice issued under the provisions of the Disaster Management Act, 2005 in Proceedings dated 13.12.2021 is under challenge in the present writ proceedings. Section 30(2)(iii) and Section 34(k) were invoked by the authority competent for issuance of notice.

2. The Tahsildar, Kundrathur in his counter would state that the subject land in S.No.14/1A1A is classified as "Ryot Nanjai". But in Revenue Survey, the petitioner's house is situated in S.No.4 of Moulivakkam Village, which is classified as "Government Poramboke Eri Karai" in revenue records, i.e., 'A' Register, which is highly objectionable water course poramboke.

3. In view of the said findings, the petitioner has to submit her reply along with documents, if any to defend her case by availing the opportunity to be provided by the authority under the provisions of the Disaster Management Act, 2005. The authority competent has to conduct an enquiry and ascertain clear facts for invoking the provisions of the Act and thereafter, take a final decision to continue the enforcement action.

4. In this regard, the respondents are directed to conduct a fresh survey in view of efflux of time and thereafter, conduct an enquiry and take a decision on merits and in accordance with law. The petitioner is at liberty to submit her explanation along with documents, if any to defend her case.

With the above observations, the present Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.