JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of certiorarified mandamus calling for the records relating to the impugned Form-III notice dated 05.08.2022 Ref:NIL issued by the 5th respondent and quash the same and consequently, direct the respondents to re-classify the lands in S.No.109/B, situated at Thirutheri Village, Singaperumalkovil Village Panchayat, Chengalpattu Taluk, Chengalpattu District as Natham land and issue patta to the petitioners on par with others by considering the petitioners' representation dated 12.08.2022.) M. Duraiswamy, ACJ. 1. The petitioners have filed the above Writ Petition to issue a writ of certiorarified mandamus to call for the records relating to the impugned Form-III notice dated 05.08.2022 issued by the 5th respondent and to quash the same and consequently, direct the respondents to re-classify the lands in S.No.109/B, situated at Thirutheri Village, Singaperumalkovil Village Panchayat, Chengalpattu Taluk, Chengalpattu District as Natham land and issue patta to the petitioners on par with others by considering the petitioners' representation dated 12.08.2022. 2. Mr.M.R.Jothimanian, learned counsel for the petitioners submitted that the 5th respondent had issued Form-III Notice without issuing Form-II Notice, which is a mandatory provision under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007. The learned counsel for the petitioners relied upon a judgment of the Division Bench of this Court reported in 2010 (3) MLJ 771 [T.S.Senthil Kumar Vs. Government of Tamil Nadu, represented by its Secretary, Public Works Department, Chennai - 9 and others]. 3. On a perusal of the judgment of the Division Bench, it is clear that the 5th respondent should issue Form-II Notice prior to the issuance of Form-III Notice. In the case on hand, the petitioners have specifically stated that Form-II Notice has not been issued to them. In these circumstances, the issuance of Form-III Notice is vitiated. 4. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 to 4. Mr.P.Muthukumar, learned State Government Pleader taking notice for the respondents 5 & 6 submitted that the Form-III Notice issued by the 5th respondent may be construed as Form-II Notice and liberty may be given to the petitioners to give their reply to the said notice. Further, the learned State Government Pleader submitted that in the event of the petitioners giving their reply within a stipulated time, the 5th respondent may be directed to pass orders in accordance with law. Further, the learned State Government Pleader submitted that in the event of the petitioners giving their reply within a stipulated time, the 5th respondent may be directed to pass orders in accordance with law. 5. Mr.M.R.Jothimanian, learned counsel for the petitioners also agreed that the petitioners would give their reply to the notice within a period of one week from the date of receipt of a copy of this order. 6.Having regard to the submissions made by the learned counsel on either side, the Form-III Notice dated 05.08.2022 issued to the petitioners shall be construed as Form-II Notice and the petitioners are given a week's time for giving their reply to the said Notice. On receipt of the said reply, the 5th respondent shall pass orders on merits and in accordance with law, as expeditiously as possible. 7. With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.