K.Rajendiran Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records on the file of the fourth respondent in Na.Ka.No.606/2025/F1 dated 16.04.2025 passed by the fourth respondent and quash the same and directing the fourth respondent to consider the petitioner's representation dated 26.04.2025 and pass appropriate orders in accordance with the Tamil Nadu Urban Local Bodies Act, 1998.

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For petitioner Mr. V.M. Venkataramana

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For RR 1 – 4 Mr. M.S. Arasakumar Government Advocate

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For RR 5 – 11 Mr. K. Selvaraj

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ORDER

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[made by M.SUNDAR, J.]

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Subject matter of captioned 'writ petition' [hereinafter 'WP' for

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the sake of brevity] is alleged encroachment in 'S.No.57/2A1A, Kumarapalayam Agraharam Village, Namakkal District' [hereinafter 'said land' for the sake of convenience and clarity].

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Captioned WP inter alia impugns 'a notice dated 16.04.2025 issued by R4 (Commissioner In-charge, Kumarapalayam Municipality)' [hereinafter 'impugned notice' for the sake of convenience and clarity] under Section 128 of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' [hereinafter 'the TNULB Act' for the sake of brevity]. By the impugned notice, the petitioner has been inter alia directed to remove the alleged encroachment made by him in the said land.

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Mr. V.M. Venkataramana, learned counsel on record for writ petitioner, Mr. M.S. Arasakumar, learned Government Advocate for RR 1 to 4 and Mr. K. Selvaraj, learned counsel for RR 5 to 11 (private respondents) are before us.

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Before we proceed further, we deem it appropriate to extract and reproduce Section 128 (in its entirety) of the TNULB Act as it stands today and the same reads as under:

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'128. Power to remove encroachment from public place. - (1) The Commissioner may, -

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(a) remove without any notice any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching street, public place, water body, tank, other water resources or any land belonging to or vested with the municipality with the municipal limit;

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(b) remove any immovable structure whether permanent or of temporary nature encroaching street, public place, water body, tank, other water resources or any land belonging to municipality or vested with the municipality within the municipal limit, after issuing a show cause notice for such removal, returnable within a period of fifteen days from the date of receipt thereof:

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Provided that the Commissioner shall consider any representation received within the time limit, before passing final orders.

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(2) Whoever makes any encroachment in any land or space (not being private property) in any public street, water body, tank, other water resources or any land belonging to or vested with the municipality within the municipal limit, shall, on conviction, be punished with imprisonment which shall not be less than one year but which may extend to three years and with fine which may extend to fifty thousand rupees:

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Provided that the Court may, for any adequate or special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year.'

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(underlining made by us for ease of reference) 5. Though the impugned notice reads that the impugned

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notice is one under Section 128 of TNULB Act, as matter on hand pertains to immovable structure, writ petitioner should be given 15 days time to respond to impugned notice and thereafter, R4 should pass final orders considering such response. However, the impugned notice straightaway calls upon the writ petitioner to remove the alleged encroachment.

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6. It is also seen that the writ petitioner has responded to the

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impugned notice vide his response dated 26.04.2025, a scanned

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reproduction of which is as follows:

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In such view of the matter, the impugned notice is directed to be treated as a show cause notice (SCN) served on the writ petitioner today and the petitioner’s representation dated 26.04.2025 shall be considered and final order shall be passed by R4 on its own merits and in accordance with law within a period of two weeks from today i.e., on or before 20.06.2025. Further, the final order so passed shall be served on the writ petitioner within a period of five working days from the date of the final order. If the final order to be passed by R4 is going to be adverse to the writ petitioner, the same shall be kept in abeyance for a fortnight from the date of service of the final order Page Nos.9/12

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on the writ petitioner so as to provide a window to the writ petitioner to assail the said order if permissible in law or to seek judicial review of the said order. If the writ petitioner does not do so within a fortnight from the date of service of the said order, the final order so passed by R4 will be resuscitated and put into motion. If the final order to be passed by R4 ends up in favour of the writ petitioner, that would be curtains on the matter.

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Captioned WP stands disposed of in the aforesaid manner.

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In view of the aforesaid order, the order of interim stay granted by another Hon'ble Division Bench on 08.05.2025 (Vacation Court) stands vacated and as a sequitur, captioned writ miscellaneous petition stands disposed of as closed. There shall be no order as to costs.

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(M.S., J.) (H.C., J.) 06.06.2025

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Index : Yes/No NC : Yes/No cad

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To