ORDER : (M. Sundar, J.) : (Prayer in W.P. No.21018 of 2024: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from taking any coercive action on the petitioner's house situated at 7A 170A 19, East Main Road, Mettur Dam, Salem District until the first respondent pass appropriate orders after giving personal hearing to the petitioner on the appeal dated 19.07.2024 along with interim application filed thereon under Section 10(a) and 10-B of Tamil Nadu Land Encroachment Act, 1905. Prayer in W.P. No.21022 of 2024: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from taking any coercive action on the petitioner's house situated at 7A/70 ABA, East Main Road, Mettur Dam, Mettur Taluk, Salem District – 636 401 until the first respondent pass appropriate orders after giving personal hearing to the petitioner on the appeal dated 19.07.2024 along with interim application filed thereon under Section 10(a) and 10-B of Tamil Nadu Land Encroachment Act, 1905. Prayer in W.P. No.21027 of 2024: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from taking any coercive action on the petitioner's house situated at Door No.151, East Main Road, Mettur Dam - 1, Salem District until the first respondent pass appropriate orders after giving personal hearing to the petitioner on the appeal dated 19.07.2024 along with interim application filed thereon under Section 10(a) and 10-B of Tamil Nadu Land Encroachment Act, 1905.) In the captioned three main 'Writ Petitions' ('WPs' in plural and 'WP' in singular for the sake of brevity) most of the facts are common. 2. In 'W.P. No.21018 of 2024' (hereinafter 'I WP' - Vijayalakshmi is the writ petitioner), writ petitioner is concerned with Door Nos. 7A, 170A, 19, East Main Road, Mettur Dam, Salem District - 636 401. 3. In 'W.P. No.21022 of 2024' (hereinafter 'II WP' - Thilakamani is the writ petitioner), writ petitioner is concerned with Door No. 7A/70 ABA, East Main Road, Mettur Dam, Salem District - 636 401. 4. In 'W.P. No.21027 of 2024' (hereinafter 'III WP' - Mullaiventhan is the writ petitioner), writ petitioner is concerned with Door No.151, East Main Road, Mettur Dam - 1, Salem District - 636 401. 5. 4. In 'W.P. No.21027 of 2024' (hereinafter 'III WP' - Mullaiventhan is the writ petitioner), writ petitioner is concerned with Door No.151, East Main Road, Mettur Dam - 1, Salem District - 636 401. 5. Common facts are that the writ petitioners were visited with separate notices (with the exception of W.P.No.21022 of 2024 wherein writ petitioner is Ms.Thilakamani, Wife of Mr.Mahendran and noticee is Mr.Mahendran) issued by R3 (The Assistant Engineer, Water Resources Department, Civil Section, Mettur Dam – 1, Salem District – 636 401) alleging encroachment in odai land and calling upon the noticees to remove the encroachment. This notice from R3 contains a enclosure which says it is Form III under Rule 6(1) but it does not mention the title of the Rules. We deem it appropriate to extract and reproduce these 23.11.2023 notices and the annexures in all three WPs. Impugned notice in I WP (W.P.No.21018 of 2024): Annexure in I WP (W.P.No.21018 of 2024): Impugned notice in II WP (W.P.No.21022 of 2024): Annexure in II WP (W.P.No.21022 of 2024): Impugned notice in III WP (W.P.No.21027 of 2024): Annexure in III WP (W.P.No.21027 of 2024): 6. Assailing aforementioned 23.11.2023 notices with annexures, writ petitioners have filed appeals with prayers for interim stay under Sections 10 and 10-B respectively of the said 1905 Act and these appeals have been filed with R1 (District Collector, Salem District). 7. Captioned WPs have been filed with prayers qua these appeals i.e., seeking R1 to pass orders in the appeals and stay petitions. To be noted, the appeals and stay petitions are dated 19.07.2024 and the appeals and stay petitions have been filed with R1 on the same day i.e., 19.07.2024. 8. Learned counsel for writ petitioners notwithstanding very many grounds raised in the writ support affidavits submits that pending appeals and stay petitions, writ petitioners are under pain of being evicted and therefore they have come up with the captioned WPs. It is pointed out that no orders have been passed either in the appeals or in the stay petitions. 9. Issue notice. 10. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for all three respondents. 11. It is pointed out that no orders have been passed either in the appeals or in the stay petitions. 9. Issue notice. 10. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for all three respondents. 11. Learned State counsel, on instructions, adverting to aforementioned 23.11.2023 notices and the annexures thereto, submits that the notices are under 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007' (hereinafter 'Tanks Act' for the sake of convenience and clarity) as the encroachment is in a water body (according to learned State counsel). 12. Considering the contents of the 23.11.2024 notices and the annexures which refer to Form III and Rule 6(1), there is no difficulty in accepting that the notices are under Tanks Act and Rules thereunder i.e., 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007' (hereinafter 'Tanks Rules' for the sake of convenience and clarity). 13. As regards Tanks Act and Tanks Rules after vires of the Act was upheld by a Division Bench of this Court in T.S.Senthil Kumar's case [T.S.Senthil Kumar vs. Government of Tamil Nadu] and vide order dated 10.02.2010 reported in 2010-3-MLJ-771, a Full Bench (three Judges) in T.K.Shanmugam (FB) {T.K.Shanmugam Vs. State of Tamil Nadu reported in 2015 (5) LW 397 } affirmed Senthil Kumar principle and set out the procedure as regards eviction proceedings under Tanks Act. This is contained in paragraph 15 of T.K.Shanmugam (FB) as reported in 2015 (5) LW 397 . Relevant paragraphs are 15 (f), 15(f)(i), 15(f)(ii) and 15(f)(iii), which read as follows: '15(f) We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under. (i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued. (ii) On receipt of the said notice, the encroacher may give his/her objections relating to the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks. (ii) On receipt of the said notice, the encroacher may give his/her objections relating to the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks. (iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance with the provisions of the Act, giving time to the encroachers to remove the encroachment.' 14. In the light of the aforementioned situation, Mr.R.Thirumoorthy, learned counsel for writ petitioners very fairly submitted that appeals under Section 10 and stay petitions under Section 10-B of said 1905 Act have been erroneously filed and learned counsel has made endorsements in the case file saying that the appeals and stay petitions both dated 19.07.2024 filed before R1 are not pressed. Scanned reproduction of the endorsements are as follows: Endorsement made in I WP (W.P. No.21018 of 2024): Endorsement made in II WP (W.P. No.21022 of 2024): Endorsement made in III WP (W.P. No.21027 of 2024): 15. We now revert to 23.11.2023 notices and the annexures thereto scanned and reproduced supra. 16. In the light of T.K.Shanmugam (FB) principle, the aforementioned 23.11.2023 notices (three notices and the annexures thereto) will now be treated as notices calling upon writ petitioners to give their objections so that the objections can be considered and appropriate orders can be passed. To be noted, the aforementioned (f) (i), (ii), (iii) i.e., sub-paragraph (f) of paragraph 15 of T.K.Shanmugam (FB) shall be followed. 17. Let the proceedings already commenced vide 23.11.2023 notices proceed and be carried to the logical end by following the aforementioned procedure. 18. In the light of this order, R1 now need not consider the appeals said to be under Section 10 and stay petitions said to be under Section 10-B all of said 1905 Act. Learned Special Government Pleader to intimate R1 about this order in this regard. 19. Now that the 'notices dated 23.11.2023' are treated as 'Show Cause Notices', the question of writ petitioners being under imminent pain of dispossession is doused but that will depend on the outcome of the proceedings under the Tanks Act. 20. Captioned three WPs are disposed of in the aforesaid manner with the aforementioned directives. Consequently, captioned Writ Miscellaneous Petitions (WMPs) thereat are disposed of as closed. There shall be no order as to costs.