S.Ponnuvel Vs the Commissioner

disturbing the petitioner from his peaceful and lawful possession of hut house situated at part of Plot No.194, Western Side, 15^th Street, Thiru.Vi.Ka.Nagar, Perambur, Chennai 600 011 comprised in S.No.8 of Peravallur Village, Perambur Taluk, Chennai District, without due process of law.

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For petitioner Mr. B. Krishnan

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For RR 1 to 3 Ms. V. Soundarya for Mr. D.B.R. Prabhu Standing Counsel

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ORDER

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[made by M.SUNDAR, J.]

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Subject matter of captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) is 'a hut (dwelling house) situate at Plot No.194, Western Side, 15^th Street, Thiru.Vi.Ka.Nagar, Perambur, Chennai 600 011 comprised in S.No.8 of Peravallur Village, Perambur Taluk, Chennai District' (hereinafter 'said hut' for the sake of convenience and clarity).

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Mr. B. Krishnan, learned counsel for writ petitioner, submits

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that writ petitioner has been put under pain of dispossession/demolition by Greater Chennai Corporation (GCC) at the instance of private respondent (R4). We express no opinion on the alleged role of R4.

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Page Nos.2/8

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https://www.mhc.tn.gov.in/judis

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W.P.No.17474 of 2025

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Ms. V. Soundarya, learned counsel representing Mr. D.B.R.Prabhu, learned Standing Counsel for GCC, submits that the said hut is an encroachment qua GCC land and therefore, writ petitioner has been put under pain of dispossession/demolition.

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In the light of the aforesaid scenario, it comes to light that if GCC wants to proceed against the writ petitioner, it has to show cause the writ petitioner by resorting to Section 128 of 't he Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999) (for brevity “the TNULB Act”) which reads as follows:

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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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Page Nos.3/8

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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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5. As regards R4 (private respondent), as learned counsel for writ petitioner submits that R4 is owner of adjacent property and is alleging encroachment, when GCC issues show cause notice under Section 128 of the TNULB Act, both writ petitioner as well as R4 shall be noticees and both shall be given an opportunity to respond to the same. In this regard, we make it clear that rights and contentions of R4 are preserved. In other words, this order does not touch upon the

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rights and contentions of R4 and on the contrary, it preserves the rights and contentions of R4. Therefore, we dispense with notice to R4 and take up the captioned main WP with the consent of learned counsel for writ petitioner and learned Standing Counsel for GCC (RR 1 to 3).

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Page Nos.4/8

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W.P.No.17474 of 2025

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i.

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6. The following order is made:

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i. GCC shall issue notice under Section 128 of the TNULB Act to writ petitioner as well as R4 as expeditiously as the business of GCC permits but in any event within a period of four weeks from today i.e., on or before 04.07.2025;

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ii. Both writ petitioner as well as R4 will have 15 days time to respond to the notice which is in-built qua Section 128 of the TNULB Act;

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iii. Responses/representations of writ petitioner as well as R4 should be considered and R1 (Commissioner, GCC) shall pass an order vide proviso to Section 128(1)(b) of the TNULB Act;

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iv. Coercive action qua said hut, if any and if that be so, will only be subject to and depending on orders to be made by R1 vide proviso to Section 128(1)(b) which shall be served both on writ petitioner and R4 under due acknowledgmment within five working days from the date of making of the order by R1; and

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v. Though obvious, as alluded to supra, we make it clear that rights of R4 shall stand preserved.

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Page Nos.5/8

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W.P.No.17474 of 2025

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Captioned WP stands disposed of in the aforesaid manner. As we have made it clear that coercive action, if any and if that be so, shall be subject to orders to be made by R1 vide proviso to Section 128(1)(b) of the TNULB Act, captioned W.M.P. 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 Neutral Citation: Yes/No cad

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Page Nos.6/8

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W.P.No.17474 of 2025

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To