01Facts
The petitioner sought removal of an alleged encroachment by the twelfth respondent, Gengai Amman Temple, on the bund of Puthuthangal Lake, including construction of a temple and gate and damage to the lake’s security wall. He also sought restoration of the wall, relying on a Form III notice dated 28 June 2023 under Rule 6 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007.
p. 2The State submitted that Form III notices had been issued to the encroachers and that enforcement would continue with police assistance.
p. 302Issues
i.1. Whether the official respondents should be directed to remove the identified encroachments from Puthuthangal Lake and protect the water body.
pp. 2–3ii.2. Whether enforcement action should proceed in accordance with the applicable statutory procedures and within a specified time.
p. 303Law Applied
The petitioner invoked Rule 6 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, referring to the Form III notice issued under that provision.
p. 2The Court directed the official respondents to carry out enforcement by following the procedures under the relevant statute and rules in force; it did not identify or discuss any other specific statutory provision or precedent.
p. 304Reasoning
The State’s submission that Form III notices had been issued, together with the Court’s observation that encroachments in the water body had been identified, supported the need for continued enforcement.
p. 3The Court accordingly required the officials to proceed under the applicable statutory procedures, remove the encroachments, and resume and protect the water body for public benefit.
p. 305Holding
The Court disposed of the writ petition and directed the official respondents to continue enforcement action, remove the encroachments from Puthuthangal Lake, and resume and protect the water body within twelve weeks from receipt of a copy of the order.
p. 3No costs were ordered.
p. 3Original Court PDF
A.SURESH KUMAR REDDYvsTHE PRINCIPAL SECRETARY
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