Sathya Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari, calling for the records pertaining to the impugned notices bearing Ref.No.1171/2025/F1 dated 19.06.2025 issued by the 4th respondent and quash the same.

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For Petitioner : Mr.G.Ilamurugu

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For Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 to R3 Mr.C.Selvaraj, Additional Government Pleader for R4

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O R D E R

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[Order of the Court was made by M. SUNDAR, J.]

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Subject matter of captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'Village Field No.457/1, 0.33.0 ares at Jayankondam Village, Jayankondam, Udayarpalayam Page Nos.2/8

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W.P.No.27446 of 2025

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Taluk, Ariyalur District' [hereinafter 'said land' for the sake of convenience and clarity].

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Captioned WP inter alia assails 'a notice dated 19.06.2025 issued by the fourth respondent (Commissioner, Jayankondam Municipality, Jayankondam)' [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 'TNULB Act' for the sake of brevity]. By the impugned notice, the petitioner has inter alia been directed to remove the alleged encroachment made by her in the said land.

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Issue notice to the official respondents i.e., R1 to R4.

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Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for R1 to R3 and Mr.C.Selvaraj, learned Additional Government Pleader accepts notice for R4.

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

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Page Nos.3/8

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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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Page Nos.4/8

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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)

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Though the impugned notice reads that it 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, the fourth respondent 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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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 shall send a response to the impugned notice within a period of fifteen days from today, i.e., on or before 13.08.2025. The response to be sent by the petitioner shall be considered and final order shall be passed by the fourth respondent on its own merits and in accordance with law within a period of two weeks therefrom i.e., on or before 27.08.2025. Further, the final order so

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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 the fourth respondent 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 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 the fourth respondent will be resuscitated and put into motion. If the final order to be passed by the fourth respondent ends in favour of the writ petitioner, that would be curtains on the matter.

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As captioned main WP stands vastly descoped, the same is taken up with the consent of learned counsel for writ petitioner and learned State counsel, dispensing with notice to private respondent/s. We make it clear that all rights and contentions of private respondents i.e., R5 to R8 will remain preserved. Be that as it may, proviso to Section 128(1)(b) of TNULB Act uses the expression 'any representation'. Therefore, we make it clear that if private respondents (R5 to R8) choose to send any representation within 15 Page Nos.6/8

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days from today i.e., on or before 13.08.2025, the same also shall be considered by fourth respondent before making final orders vide proviso to Section 128(1)(b) of TNULB Act.

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Captioned WP stands disposed of in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petitions stand disposed of as closed. There shall be no order as to costs.

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Index : Yes / No Neutral Citation : Yes / No mmi

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To

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