Writ petition challenging a notice directing removal of alleged encroachment on panchayat road land. Court found the notice did not follow the statutory show cause procedure but treated it as a show cause notice under Section 128(1)(b), permitting reply within seven days and fresh order.
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W.P.(MD) No.3664 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.3664 of 2024 and
W.M.P.(MD)Nos.3589 and 3590 of 2024
B.Mahalakshmi ... Petitioner
-vs-
5.Samikannu ... Respondents
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W.P.(MD) No.3664 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notice dated 30.01.2024 in Na.Ka.No.32/2023 issued by the fourth respondent and quash the same as illegal.
For Petitioner : Mr.A.Mohan For Respondents 1 to 3 : Mr.S.R.A.Ramachandran Additional Government Pleader For 4th Respondent : Mr.S.P.Maharajan, Special Government Pleader For 5th Respondent : Mr.M.Ramu
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
The challenge in this Writ Petition is to the proceedings of the fourth respondent, requiring the petitioner to remove the encroachment allegedly made by her in Survey No.622/3 to an extent of 0.27 Sq. meter.
2.The petitioner would claim that she has been favoured with patta for about 5 centiares in Survey No.621/23 and she has been in possession of the same. The fact that there has been an encroachment by her, has been denied. The impugned proceedings has been issued pursuant to the order of this Court made in W.P.Nos.15019 of 2023 and 26201 of 2023, launched by the fifth respondent in this Writ Petition. Since the land in question is claimed to be classified as road and vests in the Selection Grade Town Panchayat, the relevant provision would be Clause (b) of Sub section (1) of
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W.P.(MD) No.3664 of 2024
Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, which enables removal of encroachment by the Executive Officer of the Local Authorities and also requires the said Officer to issue a show cause notice returnable by seven days and thereafter, consider the objections, if any received and pass an order of eviction.
3.A perusal of the order impugned in these proceedings would show that the said procedure was not adopted. The Authority has directed the petitioner to remove the encroachment. Though the notice is flawed, we direct the notice to be treated as show cause notice issued under Clause (b) of Subsection (1) of Section 128, the petitioner will submit his reply within a period of seven days from today, to the Execution Officer who will consider the same and pass appropriate order under proviso to Section 128. The Authorities will conduct the survey, if required.
4.The Writ Petition is disposed of with the above observation. No Costs. Consequently, connected miscellaneous petitions are closed.
[R.S.M., J.] [L.V.G., J.] 13.08.2024
NCC : No Index : No Internet : Yes Mrn/Sml
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W.P.(MD) No.3664 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Mrn/Sml
To
W.P.(MD) No.3664 of 2024
13.08.2024
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1 issue framed by the court
Whether the impugned encroachment removal notice complied with the show cause procedure under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998.
3 provisions across 2 enactments
B.Mahalakshmi
The District Collector, Pudukkottai District
The Revenue Divisional Officer, Illupur
The Tahsildar, Kulathur Taluk
The Executive Officer, Selection Grade Town Panchayat, Keeranur
Samikannu
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
