E.Chandrababu v. the District Collector
Case brief
What is this about?
The High Court of Madras directed that a notice issued by the Municipal Commissioner to remove an alleged encroachment, which lacked a show-cause mechanism, must be treated as a show-cause notice. The Commissioner is directed to consider the petitioner's representation before passing final orders under the proviso to Section 128(1)(b) of the TNULB Act, discharging the petition grievance with this
What did the court decide?
Notice of 31.01.2024 treated as show-cause notice; response of 03.02.2024 treated as representation; final orders to be passed by R4.
What the court decided
W.P. No.38988 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2024
CORAM:
THE HON'BLE MR. JUSTICE M. SUNDAR AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No.38988 of 2024
E. Chandrababu Petitioner
vs.
- The District Collector Thiruvallur District Thiruvallur
- The District Revenue Officer District Collector Campus Thiruvallur District Thiruvallur
- The Revenue Divisional Officer Thiruvallur Division Thiruvallur
- The Municipal Commissioner Poonamallee Municipality Poonamallee Chennai 600 056
Issues for consideration
3 issues framed by the court
Whether a notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 directing immediate removal of encroachment without a show-cause opportunity can be treated as a valid show-cau
Whether the Municipal Commissioner is required to consider a representation before passing final orders for removal of encroachment under the proviso to Section 128.
Whether the writ petition challenging the legality of the proceeding must be disposed of by mandating the proper compliance of statutory procedure.
Parties & counsel
- petitioner
E. Chandrababu
- respondent
The District Collector Thiruvallur
- respondent
The District Revenue Officer
- respondent
The Revenue Divisional Officer Thiruvallur Division
- respondent
The Municipal Commissioner Poonamallee Municipality
- respondent
Case details
As recorded by the court registry
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