2.Assailing the impugned order, the learned counsel appearing for the petitioner submitted that originally the land in question was classified as a waste land near river side. Hence, the father of the petitioner purchased the same and constructed a house thereon. After completion of the construction of the house, the petitioner's family has been paying the taxes. While so, all of a sudden, the Assistant Engineer, Public Works Department/ Water Resource Organization, Parthipanoor Reservoir Section, Paramakudi, Ramanathapuram, the second respondent herein issued an order under Section 6(1) of Protection of Tanks and Eviction of Encroachment Rules, 2007 calling upon the petitioner to vacate the dwelling house within 21 days from the date of receipt of the notice. Since there was no notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, for the simple reason that the said land belong to revenue authorities, a writ petition in W.P.(MD)No.226 of 2018 was filed challenging the impugned order, dated 22.12.2017. This Court, by order dated 29.01.2018 appreciating the claim of the petitioner that notice is required to be given under Section 7(1) of the Act before passing the eviction order, had directed both the parties to treat the said notice, dated 22.12.2017, as a notice issued under Section 7(1) of the Act. A further direction was issued to the petitioner to give reply within a period of two weeks from the date of receipt of a copy of the order and on receipt of the said reply, if any, the respondents were also directed to conduct enquiry after giving opportunity to the petitioner and thereafter pass a final order. The order further says that till the final order is passed, the petitioner's possession should not be disturbed.
