Disposed¶33

Sigappi v. The District Collector

Madras HC30 Jul 2025WP(MD)/20708/2025

Case brief

AI extract

What is this about?

Encroachment removal; notice under Section 128 Tamil Nadu Urban Local Bodies Act; show cause notice and opportunity to submit explanations; Executive Officer Kandanoor Town Panchayat; Tahsildar Karaikudi; District Collector Sivagangai; prior writ W.P.(MD)No.8602 of 2025; enforcement within twelve weeks; writ petition disposed, no costs; connected miscellaneous petitions closed.

What did the court decide?

Writ Petition disposed of with observations: impugned Section 128 notice treated as show cause notice; petitioners to submit explanations within seven days; competent authority to take final decision and may continue enforcement and remove encroachment; entire exercise within twelve weeks; no costs; connected miscellaneous petitions closed. ¶33

Sigappi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether the notice dated 05.06.2025 issued by the third respondent under Section 128 of the Tamil Nadu Urban Local Bodies Act should be quashed, the writ petitioners contending that no show cause notice enabling them to submit explanations was issued to them.

¶28

Court's answer

Without going into the merits, the Court inclined to treat the impugned notice dated 05.06.2025 issued by the third respondent as a show cause notice, enabling the petitioners to submit their explanations.

¶32

Ratio / Principle

The petitioners were granted liberty to submit their explanations within seven days to the competent authority, which, on receipt of the representation, may look into it, take a final decision, continue the enforcement action and remove the encroachment identified without undue delay.

¶32

Key takeaways

The entire exercise was directed to be completed within a period of twelve weeks from the date of receipt of a copy of the order.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD)No.20708 of 2025 (with W.M.P.(MD)Nos.16039 & 16041 of 2025), decided 30.07.2025 (coram S.M.Subramaniam and Dr.A.D.Maria Clete; order by S.M.Subramaniam, J.): Sigappi and Pandisamy challenged as illegal the notice dated 05.06.2025 (Na.Ka.No.172/2025) issued by the Executive Officer, Kandanoor Town Panchayat under Section 128 of the Tamil Nadu Urban Local Bodies Act. The notice followed disposal of W.P.(MD)No.8602 of 2025 (filed by the fourth respondent, Nagarajan, seeking removal of the petitioners' encroachment) by order dated 27.03.2025, upon inspection and survey identifying the encroachment. The petitioners contended no show cause notice enabling explanations had been issued. Without entering merits, the Court treated the impugned notice as a show cause notice, permitted the petitioners to submit explanations within seven days, and directed the competent authority to take a final decision, continue enforcement and remove the encroachment, completing the exercise within twelve weeks. Writ petition disposed of; no costs; connected miscellaneous petitions closed.

¶1

W.P.(MD)No.20708 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 30.07.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

¶6

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

¶7

W.P.(MD)No.20708 of 2025 and

¶8

W.M.P.(MD)Nos.16039 & 16041 of 2025

¶9

1.Sigappi 2.Pandisamy

¶10

... Petitioners

¶11

Vs.

¶12

1.The District Collector,

¶13

Sivagangai District, Sivagangai.

¶14

2.The Tahsildar,

¶15

Karaikudi Taluk, Sivagangai District.

¶16

3.The Executive Officer, Kandanoor Town Panchayat, Kandanoor, Karaikudi Taluk, Sivagangai District.

¶17

4.Nagarajan

¶18

...Respondents

¶19

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice issued by the 3^rd respondent by his proceedings in Na.Ka.No.172/2025, dated 05.06.2025 and quash the same as illegal.

¶20

1/5

¶21

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

¶22

For Petitioners : Mr.T.Lenin Kumar For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader

¶23

W.P.(MD)No.20708 of 2025

¶24

ORDER

¶25

(Order of the Court was made by S.M.SUBRAMANIAM, J. )

¶26

This Writ Petition has been instituted, challenging the 3^rd notice issued

¶27

by the 3^rd respondent under Section 128 of Tamil Nadu Urban Local Bodies Act (hereinafter referred to as 'the Act').

¶28

2.The 4^th respondent earlier filed W.P.(MD)No.8602 of 2025, seeking for a direction for removal of the encroachment made by the writ petitioners herein. The said Writ Petition was disposed of by this Court, vide order dated 27.03.2025, directing the respondents therein to consider the representation of the writ petitioners and pass appropriate orders on merits. In compliance of the said order, the authorities competent have conducted inspection, survey and identified the encroachment made by the writ petitioners. Thus, notice was issued under Section 128 of the Act. The said notice per se would not provide a cause to the writ petitioners, but the writ petitioners state that no show cause notice was issued to them, enabling them to submit their explanations.

¶29

2/5

¶30

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

¶31

W.P.(MD)No.20708 of 2025

¶32

3.In view of the above, without going into the merits of the case and with a view to provide one more opportunity to the petitioners, this Court is inclined to treat the impugned notice issued by the 3^rd respondent dated 05.06.2025 as a show cause notice, enabling the petitioners to submit their explanations within a period of one week from today (30.07.2025). Therefore, the petitioners are at liberty to submit their explanations within a period of seven (7) days from today to the competent authority, who in turn, on receipt of such representation, may look into the same, take a final decision, continue the enforcement action and remove the encroachment identified without causing any undue delay. The entire exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

¶33

4.With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

¶34

(S.M.S., J.) & (A.D.M.C., J.) 30.07.2025 (2/2)

¶35

NCC : Yes / No Index : Yes / No Yuva

¶36

3/5

¶37

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

¶38

W.P.(MD)No.20708 of 2025